AB917,163
15Section 163
. 293.495 of the statutes is repealed.
AB917,164
16Section
164. 293.50 of the statutes is created to read:
AB917,46,18
17293.50 Moratorium on issuance of permits for mining of sulfide ore
18bodies. (1) In this section:
AB917,46,2419
(a) “Pollution" means degradation that results in any violation of any
20environmental law as determined by an administrative proceeding, civil action,
21criminal action, or other legal proceeding. For the purpose of this paragraph,
22issuance of an order or acceptance of an agreement requiring corrective action or a
23stipulated fine, forfeiture, or other penalty is considered a determination of a
24violation, regardless of whether there is a finding or admission of liability.
AB917,47,2
1(b) “Sulfide ore body" means a mineral deposit in which nonferrous metals are
2mixed with sulfide minerals.
AB917,47,4
3(2) The department may not issue a permit under s. 293.49 for the purpose of
4the mining of a sulfide ore body until all of the following conditions are satisfied:
AB917,47,105
(a) The department determines, based on information provided by an applicant
6for a permit under s. 293.49 and verified by the department, that a mining operation
7has operated in a sulfide ore body which, together with the host nonferrous rock, has
8a net acid generating potential in the United States or Canada for at least 10 years
9without the pollution of groundwater or surface water from acid drainage at the
10tailings site or at the mine site or from the release of heavy metals.
AB917,47,1611
(b) The department determines, based on information provided by an applicant
12for a permit under s. 293.49 and verified by the department, that a mining operation
13that operated in a sulfide ore body which, together with the host nonferrous rock, has
14a net acid generating potential in the United States or Canada has been closed for
15at least 10 years without the pollution of groundwater or surface water from acid
16drainage at the tailings site or at the mine site or from the release of heavy metals.
AB917,47,22
17(2m) (a) The department may not base its determination under sub. (2) (a) or
18(b) on any mining operation that has been listed on the national priorities list under
1942 USC 9605 (a) (8) (B) or any mining operation for which the operator is no longer
20in business and has no successor that may be liable for any contamination from the
21mining operation and for which there are no other persons that may be liable for any
22contamination from the mining operation.
AB917,48,223
(b) The department may not base its determination under sub. (2) (a) or (b) on
24a mining operation unless the department determines, based on relevant data from
25groundwater or surface water monitoring, that the mining operation has not caused
1significant environmental pollution from acid drainage at the tailings site or at the
2mine site or from the release of heavy metals.
AB917,48,4
3(3) This section applies without regard to the date of submission of the permit
4application.
AB917,165
5Section 165
. 293.51 (title) of the statutes is amended to read:
AB917,48,6
6293.51 (title)
Bonds and other security.
AB917,166
7Section 166
. 293.51 (1) of the statutes is amended to read:
AB917,48,238
293.51
(1) Upon notification that an application for a prospecting or mining
9permit has been approved by the department but prior to commencing prospecting
10or mining, the operator shall file with the department a bond conditioned on faithful
11performance of all of the requirements of this chapter and all rules adopted by the
12department under this chapter. The bond shall be furnished by a surety company
13licensed to do business in this state. In lieu of a bond, the operator may deposit cash,
14certificates of deposit
, or government securities with the department. Interest
15received on certificates of deposit and government securities shall be paid to the
16operator. The amount of the bond or other security required shall be equal to the
17estimated cost to the state of fulfilling the reclamation plan, in relation to that
18portion of the site that will be disturbed by the end of the following year. The
19estimated cost of reclamation of each prospecting or mining site shall be determined
20by the department on the basis of relevant factors including, but not limited to,
21expected changes in the price index, topography of the site, methods being employed,
22depth and composition of overburden and depth of
nonferrous metallic mineral
23deposit being mined.
AB917,167
24Section 167
. 293.51 (1g) of the statutes is repealed.
AB917,168
25Section 168
. 293.51 (1m) of the statutes is repealed.
AB917,169
1Section
169. 293.51 (1r) of the statutes is repealed.
AB917,170
2Section 170
. 293.51 (3) of the statutes is amended to read:
AB917,49,63
293.51
(3) Upon approval of the operator's bond
or other security under subs.
4(1), (1g), (1m), and (1r), mining application, and certificate of insurance, the
5department shall issue written authorization to commence mining at the permitted
6mining site in accordance with the approved mining and reclamation plans.
AB917,171
7Section 171
. 293.51 (5) of the statutes is repealed.
AB917,172
8Section 172
. 293.55 (1) (c) of the statutes is amended to read:
AB917,49,129
293.55
(1) (c)
Substantial changes. The department shall determine if any
10change in the mining or reclamation plans is substantial and provide notice of its
11determination in the same manner as specified under s. 293.43
(2m) (b) (3) (b) 1. to
123.
AB917,173
13Section 173
. 293.55 (1) (d) of the statutes is amended to read:
AB917,49,1914
293.55
(1) (d)
Notice. The department shall provide notice of any modification
15which involves an increase or decrease in the area of a mining site or a substantial
16change in the mining or reclamation plan in the same manner as an original
17application for a mining permit under s. 293.43
(2m)
(3). If 5 or more interested
18persons do not request a hearing in writing within 30 days of notice, no hearing is
19required on the modification. The notice shall include a statement to this effect.
AB917,174
20Section 174
. 293.65 (3) (a) of the statutes is amended to read:
AB917,49,2521
293.65
(3) (a) An approval under s. 281.34 is required to withdraw groundwater
22for prospecting or mining or to dewater mines if the capacity and rate of withdrawal
23of all wells involved in the withdrawal of groundwater or the dewatering of mines
24exceeds 100,000 gallons each day. A permit under s. 283.31 is required to discharge
25pollutants resulting from the dewatering of mines.
AB917,175
1Section
175. 293.65 (3) (b) of the statutes is amended to read:
AB917,50,232
293.65
(3) (b) The department may not issue an approval under s. 281.34 if the
3withdrawal of groundwater for prospecting or mining purposes or the dewatering of
4mines will result in the unreasonable detriment of public or private water supplies
5or the unreasonable detriment of public rights in the waters of the state. No
6withdrawal of groundwater
for prospecting or mining purposes or
the dewatering of
7mines may be made to the unreasonable detriment of public or private water supplies
8or the unreasonable detriment of public rights in the waters of the state.
9Notwithstanding any limitation on approval conditions in s. 281.34, if the
10department determines that a proposed withdrawal of groundwater or dewatering
11of mines will result in the unreasonable detriment of public or private water supplies
12or the unreasonable detriment of public rights in the waters of the state the
13department shall include conditions in the mining or prospecting permit or in an
14approval issued under s. 281.34 to ensure that the withdrawal or dewatering will not
15result in the unreasonable detriment of public or private water supplies or the
16unreasonable detriment of public rights in the waters of the state. These conditions
17may include a requirement that the applicant for the mining or prospecting permit
18or approval under s. 281.34 provide a replacement water supply of similar quality,
19provide an increased amount of water to the water supply, or temporarily augment
20the quantity of water in, or flowing into or from, the affected waters of the state that
21is of substantially similar quality and that has substantially similar characteristics
22to the water that was in the affected waters of the state before any proposed mining
23or prospecting activity began.
AB917,176
24Section 176
. 293.66 of the statutes is repealed.
AB917,177
25Section 177
. 293.81 of the statutes is amended to read:
AB917,51,16
1293.81 Exploring, bulk sampling, prospecting, and mining without
2authorization. Any person who engages in exploration without a license
or bulk
3sampling without the necessary license or approvals shall forfeit not less than $100
4nor more than $1,000 for each parcel as defined under s. 293.21 (1) (b) on which
5unlicensed exploration
or bulk sampling without the necessary license or approvals 6took place. Any person who authorizes or engages in prospecting without a
7prospecting permit or any operator who authorizes or engages in mining without a
8mining permit and written authorization to mine under s. 293.51 (3) shall forfeit all
9profits obtained from such illegal activities and not more than $10,000 for each day
10during which the mine was in operation. The operator shall be liable to the
11department for the full cost of reclaiming the affected area of land and any damages
12caused by the mining operation. Each day's violation of this section shall be deemed
13a separate offense. If the violator is a corporation, limited liability company,
14partnership or association, any officer, director, member, manager or partner who
15knowingly authorizes, supervises or contracts for exploration,
bulk sampling, 16prospecting, or mining shall also be subject to the penalties of this section.
AB917,178
17Section 178
. 293.86 of the statutes is amended to read:
AB917,52,4
18293.86 Visitorial powers of department. Any duly authorized officer,
19employee or representative of the department may enter and inspect any property,
20premises or place on or at which any prospecting or
metallic mining operation or
21facility is located or is being constructed or installed at any reasonable time for the
22purpose of ascertaining the state of compliance with this chapter and chs. 281, 285,
23289 to 292,
295, and 299,
subchs. I and II of ch. 295, and rules adopted pursuant
24thereto. No person may refuse entry or access to any such authorized representative
25of the department who requests entry for purposes of inspection, and who presents
1appropriate credentials, nor may any person obstruct, hamper or interfere with any
2such inspection. The department shall furnish to the prospector or operator, as
3indicated in the prospecting or mining permit, a written report setting forth all
4observations, relevant information and data which relate to compliance status.
AB917,179
5Section 179
. 293.95 of the statutes is repealed and recreated to read:
AB917,52,7
6293.95 Review. Any person aggrieved by any decision of the department
7under this chapter may obtain its review under ch. 227.
AB917,180
8Section 180
. Chapter 295 (title) of the statutes is amended to read:
AB917,52,1110
NONMETALLIC MINING RECLAMATION;
11
OIL AND GAS
; FERROUS METALLIC MINING
AB917,181
12Section 181
. 295.16 (4) (f) of the statutes is amended to read:
AB917,52,1413
295.16
(4) (f) Any mining operation, the reclamation of which is required in a
14permit obtained under ch. 293
or subch. III of ch. 295.
AB917,182
15Section 182
. Subchapter III of chapter 295 [precedes 295.40] of the statutes
16is repealed.
AB917,183
17Section 183
. 299.85 (7) (a) 2. and 4. of the statutes are amended to read:
AB917,53,618
299.85
(7) (a) 2. Notwithstanding minimum or maximum forfeitures specified
19in ss. 29.314 (7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969,
2029.971 (1) (a), (1m) (a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and
21(3), 30.49 (1) (a) and (c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2),
22285.41 (7), 285.57 (5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97,
23289.96 (2) and (3) (a), 291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a),
24295.19 (3) (a) and (b) 1., 295.37 (2),
295.79 (2) and (4), 299.15 (4), 299.51 (5), 299.53
25(4) (c) 1., 299.62 (3) (a) and (c), and 299.97 (1), if a regulated entity that qualifies
1under sub. (2) for participation in the Environmental Compliance Audit Program
2corrects violations that it discloses in a report that meets the requirements of sub.
3(3) within 90 days after the department receives the report that meets the
4requirements of sub. (3), the regulated entity may not be required to forfeit more than
5$500 for each violation, regardless of the number of days during which the violation
6continues.
AB917,53,177
4. Notwithstanding minimum or maximum forfeitures specified in ss. 29.314
8(7), 29.334 (2), 29.604 (5) (a), 29.611 (11), 29.889 (10) (c) 2., 29.969, 29.971 (1) (a), (1m)
9(a), (3), (3m), (11g) (b), (11m) (b), and (11r) (b), 30.298 (1), (2), and (3), 30.49 (1) (a) and
10(c), 31.23 (2), 281.75 (19), 281.98 (1), 281.99 (2) (a) 1., 283.91 (2), 285.41 (7), 285.57
11(5), 285.59 (8), 285.87 (1), 287.95 (1), (2) (b), and (3) (b), 287.97, 289.96 (2) and (3) (a),
12291.97 (1), 292.99 (1) and (1m), 293.81, 293.87 (3) and (4) (a), 295.19 (3) (a) and (b)
131., 295.37 (2),
295.79 (2) and (4), 299.15 (4), 299.51 (5), 299.53 (4) (c) 1., 299.62 (3) (a)
14and (c), and 299.97 (1), if the department approves a compliance schedule under sub.
15(6) and the regulated entity corrects the violations according to the compliance
16schedule, the regulated entity may not be required to forfeit more than $500 for each
17violation, regardless of the number of days during which the violation continues.
AB917,184
18Section 184
. 299.95 of the statutes is amended to read:
AB917,54,10
19299.95 Enforcement; duty of department of justice; expenses. The
20attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except
21ss. 285.57, 285.59, and 299.64, and all rules, special orders, licenses, plan approvals,
22permits, and water quality certifications of the department, except those
23promulgated or issued under ss. 285.57, 285.59, and 299.64 and except as provided
24in ss. 281.36 (14) (f), 285.86 and 299.85 (7) (am).
Except as provided in s. 295.79 (1),
25the The circuit court for Dane county or for any other county where a violation
1occurred in whole or in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295
2or this chapter or the rule, special order, license, plan approval, permit, or
3certification by injunctional and other relief appropriate for enforcement. For
4purposes of this proceeding where chs. 281 to 285 and 289 to 295 or this chapter or
5the rule, special order, license, plan approval, permit or certification prohibits in
6whole or in part any pollution, a violation is considered a public nuisance. The
7department of natural resources may enter into agreements with the department of
8justice to assist with the administration of chs. 281 to 285 and 289 to 295 and this
9chapter. Any funds paid to the department of justice under these agreements shall
10be credited to the appropriation account under s. 20.455 (1) (k).
AB917,185
11Section 185
. 323.60 (1) (gm) of the statutes is repealed.
AB917,186
12Section 186
. 323.60 (5) (d) 3. of the statutes is amended to read:
AB917,54,2213
323.60
(5) (d) 3. All facilities with 10 or more employees in major group
14classifications 10 to 13 in the standard industrial classification manual, 1987
15edition, published by the U.S. office of management and budget, at which a toxic
16chemical is used at or above an applicable threshold quantity, except that compliance
17with the toxic chemical release form requirements under this subdivision is not
18required for the placement of a toxic chemical in a storage or disposal site or facility
19that is located at a facility with a permit under ch. 293
or a mining permit under
20subch. III of ch. 295 if the toxic chemical consists of or is contained in merchantable
21by-products, as defined in s. 293.01 (7)
or 295.41 (25), minerals,
as defined in s.
22293.01 (8), or refuse, as defined in s. 293.01 (25)
or 295.41 (41).
AB917,187
23Section 187
. 706.01 (9) of the statutes is amended to read:
AB917,54,2524
706.01
(9) “Mining company" means any person or agent of a person who has
25a prospecting permit under s. 293.45 or a mining permit under s. 293.49
or 295.58.
AB917,188
1Section
188. 710.02 (2) (d) of the statutes is amended to read:
AB917,55,32
710.02
(2) (d) An exploration mining lease as defined in s. 107.001 (1) and land
3used for mining and associated activities
under chs. 293 and 295.
AB917,191
6Section 191
. NR 132.06 (4) of the administrative code is created to read:
AB917,55,237
NR 132.06
(4) The department has been directed, pursuant to ch. 421, laws of
81977, to assure that mining activities conducted in this state result in a minimization
9of disturbance to wetlands. The legislature has also directed, in ch. 377, laws of 1977,
10that department rules relating to metallic mining wastes take into consideration the
11special requirements of metallic mining operations in the location, design,
12construction, operation and maintenance of sites and facilities for the disposal of
13such wastes as well as any special environmental concerns that will arise as a result
14of the disposal of the same. The department has established, in s. NR 1.95 an overall
15framework for its decisions affecting wetlands. It is, therefore, the intent of this
16subsection to implement these directives recognizing that, depending on the location
17and site conditions involved in a particular case, it may be relatively easy to avoid
18entirely the use of wetlands in some cases while being virtually impossible to avoid
19their limited and carefully contemplated use in others and that the goal of the siting
20process shall be the selection of sites that are most favorable taking into account all
21pertinent factors. For purposes, therefore, of administering these directives and
22rules and acting on permits, licenses and approvals, the following standards shall be
23applied:
AB917,56,224
(a) The objective of the applicant's site selection process for mining facilities,
25and for the disposal or storage of wastes or materials produced by such activities,
1shall be the selection of a viable site that would result in the least overall adverse
2environmental impact.
AB917,56,93
(b) The applicant's site selection process shall include the identification and
4analysis of various alternatives so that a legitimate comparison between the most
5viable sites can be made by the department, realizing that a comparison will be made
6between several sites, all of which may have some imperfections with regard to
7environmental acceptability and none of which, in some cases, may be found to be
8environmentally acceptable as a result of compliance with s. 1.11, Stats., and other
9applicable Wisconsin laws.
AB917,56,1910
(c) To ensure compliance with the requirement to minimize the disturbance of
11wetlands, the applicant shall identify and the department shall analyze viable sites
12which would result in the least overall adverse environmental impact and which
13would also avoid the use of any wetlands. If such sites avoiding the use of wetlands
14cannot be identified pursuant to the standards in this subsection, then the applicant
15shall identify and the department shall analyze those viable sites which would result
16in the least overall adverse environmental impact and which would also utilize,
17consistent with minimizing total environmental impacts, the least acreage and the
18least valuable wetlands directly and which would cause the least adverse impact on
19the wetlands and waters of the state outside the proposed area of use.
AB917,56,2420
(d) The use of wetlands for mining activities, including the disposal or storage
21of mining wastes or materials, or the use of other lands for such uses which would
22have a significant adverse effect on wetlands, are presumed to be unnecessary unless
23the applicant demonstrates, taking into account economic, environmental, technical,
24recreational and aesthetic factors, that the site proposed for use:
AB917,56,2525
1. Constitutes a viable site;
AB917,57,2
12. Is the alternative which causes the least overall adverse environmental
2impact;
AB917,57,93
3. Will be used in a manner so as to minimize the loss of wetlands functions
4which those wetlands may serve with respect to related wetlands or other waters of
5the state, or both, outside the proposed area of use. As used in this paragraph, a
6presumption shall not be construed to be a prohibition, but rather the creating of a
7burden of proof on the applicant to demonstrate by the preponderance of evidence
8that it has complied with all the siting principles and standards of this subsection.
9As used in this section, viable means technically and economically feasible.
AB917,57,2510
(e) With respect to mining activities sited, in whole or in part, in wetlands and
11predating these rules as well as ch. 377, laws of 1977, the use of such wetlands for
12such activities shall be deemed necessary hereunder and the site of such use shall
13be deemed a viable site. The standards of minimization herein established to the
14extent applicable to such preexisting activities by reason of s. 293.13 (2) (c) 8., Stats.,
15shall be so applicable only to the extent specified in s. 293.91 (2), Stats. Furthermore,
16any additional activities undertaken in wetlands by an applicant subsequent to the
17effective date of these rules, which additional activities are undertaken to bring
18activities of the applicant, which were sited in wetlands prior to these rules, into
19prompt compliance with chs. 30, 281 and 283, Stats., as well as regulations, orders
20and decisions thereunder, shall be deemed to be necessary so long as the applicant
21demonstrates that, taking into account economic, environmental, technical,
22recreational and aesthetic factors, the site proposed for use by such additional
23activities will be used in a manner so as to minimize the loss of wetlands and the net
24loss of functions which those wetlands may serve with respect to related wetlands
25or other waters of the state, or both, outside the proposed area of use.
AB917,58,3
1(f) The department shall give special consideration to a site where it finds that
2the degree of necessary improvement is of such extent and expense that compliance
3cannot be accomplished without affecting wetlands.
AB917,58,64
(g) The applicant shall assist in the evaluation of environmental impacts as
5mandated herein. All of the applicable following wetlands functions and values shall
6be considered except as provided in par. (h):
AB917,58,227
1. `Biological functions.' Wetlands are environments in which a variety of
8biological functions occur. In many cases, wetlands are very productive ecosystems
9which support a wide diversity of aquatic and terrestrial organisms. Many wetland
10areas are vital spawning, breeding, nursery or feeding grounds for a variety of
11indigenous species. Wetlands are sometimes the habitats for state or federally
12designated rare, threatened or endangered species. Evaluation of the biological
13functions should include consideration of the kinds, numbers and relative
14abundance and distribution of plant and animal species supported by the area, net
15primary productivity of plant communities, wildlife production and use, and the
16kinds and amount of organic material transported to other aquatic systems as a
17potential energy source for consumer organisms in those systems. Habitat
18evaluation should consider the short- and long-term importance of the wetlands to
19both aquatic and terrestrial species. In addition, the evaluation should include any
20specialized wetland functions essential for an organism to complete its life cycle
21requirements such as cover, spawning, feeding and the like. Each wetland under
22consideration should be evaluated on a site specific basis.
AB917,59,1123
2. `Watershed functions.' In addition to their biological functions, wetlands
24may serve important physical and chemical functions with respect to other wetlands
25and waters of the state. A specific wetland, or set of wetlands, may play a critical role
1in maintaining the stability of the entire system to which it is physically and
2functionally related. This functional role may include the maintenance of both the
3hydrologic patterns and the physical and chemical processes of related wetlands and
4other related waters of the state. Evaluation of wetland functions requires a
5thorough analysis of the manner and extent to which the wetland serves to maintain
6the hydrologic, physical and chemical processes of the larger ecosystem to which it
7belongs. Factors to be considered in the evaluation process are discussed below. The
8use of non-wetland areas may alter the hydrologic, chemical and physical processes
9of wetlands outside the proposed area of use. The possibility of such impacts from
10the use area into wetlands and other waters of the state outside the proposed area
11of use should be carefully considered.
AB917,60,1712
2c. `Hydrologic support functions.' A particular wetland may function to
13maintain the hydrologic characteristics, and thereby the physical and chemical
14integrity of an entire aquatic ecosystem. Assessment of the hydrologic support
15function shall consider the effects that modifications of a particular area could have
16on the hydrologic relations to the whole wetland or aquatic ecosystem, and on the
17cumulative effects of piecemeal alterations. Evaluation of wetlands hydrologic
18functions shall include consideration of the wetland's location and topographic
19position, the areal extent of the wetland within the associated system, the degree of
20connection with other wetlands and waters of the state, and the hydrologic regime.
21Hydrologic regime refers to the hydrologic characteristics of a wetland such as the
22source of the water, its velocity, depth and fluctuation, renewal rate and temporal
23patterns on timing. The water source determines ionic composition, oxygen
24saturation, and potential pollutant load. Velocity affects turbulence and the ability
25of the water to carry suspended particulate matter. Water depth and fluctuation
1patterns have a critical influence on the vegetation, wildlife, and physical-chemical
2properties of the sediments and overlying waters. Renewal rate describes the
3frequency of replacement of the water which depends on water depth and volume,
4frequency of inundation and velocity. The temporal pattern refers to the frequency
5of inundation and its regularity or predictability. The hydrologic regime of a wetland
6influences the biological availability and transport of nutrients, detritus and other
7organic and inorganic constituents between the particular wetland and other water
8bodies. Other facets of the hydrologic regime may be considered in specific cases.
9The location and topographic position of any particular wetland in relation to other
10water systems determine in part the degree to which they are hydrologically
11connected. The strongest hydrologic connections are likely to occur between
12wetlands and other water systems which exchange water frequently and/or are
13nearest to each other. The areal extent of any particular wetland in relation to the
14total area of the surrounding watershed is an important criterion in evaluating the
15hydrologic support function. This includes the relative spatial relationships between
16specific areas under study and the total area of the adjacent wetland and any open
17water areas in the watershed.
AB917,60,2418
2f. `Groundwater function.' Groundwater may discharge to a wetland,
19recharge from a wetland to another area, evaporate from, and/or flow through a
20wetland. The direction and rate of groundwater flow in a given wetland may change.
21The criteria that should be considered for their influence on the recharge potential
22include the total areal extent of wetlands and other waters in the particular drainage
23basin, and the hydrologic characteristics of the associated aquifer or aquifers
24including porosity, permeability and transmissivity.
AB917,61,13
12i. `Storm and flood water storage.' Some wetlands may be important for
2storing water and retarding flow during periods of flood or storm discharge. Even
3wetlands without surface water connections to other water bodies may serve this
4function. Such wetlands can reduce or at least modify the potentially damaging
5effects of floods by intercepting and retaining water which might otherwise be
6channelled through open flow systems. The importance of a given wetland for storm
7and flood water storage may be modified by the cumulative effects of the proposed
8activities and previous activities within the watershed. The flood storage capacity
9of a particular wetland is primarily a function of its area, basin shape, substrate
10texture and previous degree of saturation. In general, the greater the area of the
11wetland and the coarser the texture of the substrate, the greater the potential for
12flood water storage, given unsaturated field conditions. Similarly, wetland
13vegetation is an important factor in reducing the energy of flood or storm water.
AB917,62,214
2m. `Shoreline protection.' Wetlands also function to dissipate the energy of
15wave motion and runoff surges from storms and snowmelt, and thus lessen the
16effects of shoreline erosion. Wave action shielding by wetlands is not only important
17in preserving shorelines and channels, but also in protecting valuable residential,
18commercial and industrial acreage located adjacent to the aquatic ecosystems. The
19capacity of a particular wetland to act as an erosional buffer for a shoreline depends
20on such factors as the vegetation characteristics, the shape and size of the wetland
21and the adjacent shoreline morphology. The protection of shorelines by wetlands
22depends primarily on the floristic composition, structure and density of the plant
23community. Shoreline morphology along with fetch, adjacent bottom topography
24and wetland vegetation are important considerations in evaluating a wetland for its
25shoreline protection functions. Wetlands along shorelines with long fetches are
1likely to be associated with major waters of the state and shall not be considered for
2use.
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2p. `Other watershed functions.' A wetland may perform a variety of other
4important functions within a watershed. Wetlands may degrade, inactivate, or store
5materials such as heavy metals, sediments, nutrients, and organic compounds that
6would otherwise drain into waterways. However, wetlands may subsequently
7release potentially harmful materials if the wetland soil is disturbed or its
8oxidation-reduction conditions altered. Potential alterations of these processes
9must be considered in the analysis, especially with regard to impacts on wetlands
10outside the proposed area of use. In assessing the importance of a particular wetland
11to the performance of watershed functions which influence the physical, chemical
12and biological properties of related waters, the following shall be considered:
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a. Density and distribution of plants;
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b. Area, depth and basin shape;
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c. Hydrologic regime;
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d. Physical, chemical and biological properties of the water and soil;
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e. Relationship of wetland size to watershed size;
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f. The number and size of other wetlands remaining in that watershed;
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g. Topography of the watershed;
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h. Position of the wetland within the watershed relative to springs, lakes, rivers
21and other waters;
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i. Land use practices and trends within the watershed, or the likelihood of
23nutrient, sediment or toxin loads increasing.
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3. `Recreational, cultural and economic value.' Some wetlands are particularly
25valuable in meeting the demand for recreational areas, directly or indirectly, by
1helping to maintain water quality and providing wildlife habitat. Examples of
2recreational uses include: hunting, canoeing, hiking, snowshoeing, and nature
3study. To some people and cultures certain wetlands provide an important part of
4their economic base and/or contribute to their cultural heritage. In assessing the
5recreational, cultural and economic potential of a particular wetland, the following
6should be considered:
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a. Wetland type;
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c. Suitability and compatibility for the different types of recreational uses;
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d. Legal access.