281.37(1)(a)6.
6. A habitat used by state or federally designated threatened or endangered species.
281.37(1)(a)8.
8. A state or federal fish and wildlife refuge or fish and wildlife management area.
281.37(1)(a)12.
12. Surface waters identified by the department as outstanding or exceptional resource waters under
s. 281.15.
281.37(1)(b)
(b) "Mitigation project" means the restoration, enhancement or creation of wetlands to compensate for adverse impacts to other wetlands. "Mitigation project" includes using credits from a wetlands mitigation bank.
281.37(1)(d)
(d) "Wetlands mitigation bank" means a system of accounting for wetland loss and compensation that includes one or more sites where wetlands are restored, enhanced or created to provide transferable credits to be subsequently applied to compensate for adverse impacts to other wetlands.
281.37(1)(e)
(e) "Wetland water quality standards" means water quality standards promulgated under
s. 281.15 (1) that affect wetlands.
281.37(2)(a)(a) The department may consider a mitigation project as part of an application, in combination with the requirements under
par. (b), for complying with any wetland water quality standards in determining whether to issue a permit for, or to otherwise approve, an activity that affects a wetland under
ss. 59.692,
61.351,
62.231,
87.30,
281.11 to
281.47 or
281.49 to
281.85 or
ch. 30,
31,
283,
289,
291,
292,
293,
295 or
299. This subsection does not entitle an applicant to a permit or other approval in exchange for conducting a mitigation project.
281.37(2)(b)
(b) The department may not consider a mitigation project in reviewing an application under
par. (a) unless the applicant demonstrates that all appropriate and practicable measures will be taken to avoid and minimize adverse impacts on the wetland.
281.37(2)(c)
(c) The department may not consider a mitigation project in reviewing an application under
par. (a) for an activity that adversely affects a wetland in an area of special natural resource interest or for an activity that adversely affects an area of special natural resource interest.
281.37(2)(d)
(d) If the department determines that the conditions of a permit or other authorization issued by the U.S. Army Corps of Engineers for an activity that affects a wetland do not meet the requirements of any guidelines established in the memorandum of agreement under
sub. (4), the department may impose additional conditions to ensure that the requirements are met. The department may not require that the acreage of a mitigation project considered under
par. (a) exceed the acreage that is required for the project under the guidelines established in the memorandum of agreement under
sub. (4).
281.37(2m)
(2m) Subsequent protection for wetlands. 281.37(2m)(a)1.1. A person who is the holder of a permit or other approval that authorizes a mitigation project shall grant a conservation easement under
s. 700.40 to the department to ensure that a wetland that is being restored, enhanced, or created will not be destroyed or substantially degraded by any subsequent proprietor of or holder of interest in the property on which the wetland is located. The department shall revoke the permit or other approval if the holder of the permit or other approval fails to take these measures.
281.37(2m)(a)2.
2. A person who is restoring, enhancing, or creating a wetland to provide transferable credits as part of a wetlands mitigation bank shall grant a conservation easement under
s. 700.40 to the department, to ensure that the wetland will not be destroyed or substantially degraded by any subsequent proprietor of or holder of interest in the property on which the wetland is located.
281.37(2m)(b)
(b) Notwithstanding
par. (a), the department shall modify or release a conservation easement granted under
par. (a) if all of the following apply:
281.37(2m)(b)1.
1. The department determines that part or all of the restored, enhanced or created wetland ceases to be a wetland.
281.37(2m)(b)2.
2. The person who is required to grant the conservation easement did not contribute to the loss of the wetland specified in
subd. 1.
281.37(2m)(b)3.
3. Any subsequent proprietor of or holder of interest in the property on which the wetland specified in
subd. 1. is located did not contribute to the loss of the wetland.
281.37(3)
(3) Rules. The department shall promulgate rules to establish a process for consideration of wetland compensatory mitigation under
sub. (2). Upon promulgation, the rules shall apply to any application or other request for an initial determination for a permit or other authorization that is pending with the department on the date on which the rules take effect. The rules shall address all of the following:
281.37(3)(a)
(a) Requirements for the avoidance and minimization of adverse impacts to the wetland that will be affected by the permitted activity.
281.37(3)(b)
(b) The conditions under which credits in a wetlands mitigation bank may be used for wetland compensatory mitigation.
281.37(3)(c)
(c) Enforcement of a requirement to implement a mitigation project.
281.37(3)(d)
(d) Baseline studies of the wetland that will be affected by the permitted activity and of the mitigation project site.
281.37(3)(e)
(e) Plan and project design requirements for a mitigation project, which shall consider the relation of the project design to the hydrology of the watershed in which a mitigation project is located.
281.37(3)(f)
(f) The comparability of a wetland that will be restored, enhanced or created to the wetland that will be adversely affected by the permitted activity, including all of the following:
281.37(3)(f)1.
1. Consideration of the size, location, type and quality of the wetlands.
281.37(3)(f)2.
2. Consideration of the functional values performed by the wetlands.
281.37(3)(g)
(g) The establishment of a process for determining replacement ratios.
281.37(3)(h)
(h) Standards for measuring the short-term and long-term success of a mitigation project and requirements for the short-term and long-term monitoring of a mitigation project.
281.37(3)(i)
(i) Remedial actions to be taken by the applicant if a mitigation project is not successful and actions to be taken by a wetlands mitigation bank if a mitigation project on which mitigation credits are based is not successful.
281.37(3)(j)
(j) Establishment of an expedited decision-making process for activities adversely affecting wetlands that are less than one acre in size and that have negligible functional values.
281.37(3m)
(3m) Expedited decision-making process. 281.37(3m)(a)(a) The expedited decision-making process established under the rules under
sub. (3) (j) shall include a requirement that the department shall decide whether to issue a permit for, or otherwise approve, an activity within 60 working days after a complete application for the permit or approval has been received by the department if all of the following apply:
281.37(3m)(a)1.
1. The wetland that will be adversely affected is not located in a floodplain.
281.37(3m)(a)2.
2. The application does not involve the issuance of a permit or other approval under
ch. 30.
281.37(3m)(am)
(am) The expedited decision-making process established under the rules under
sub. (3) (j) may limit the scope of alternatives to the proposed activities that must be considered in reviewing an application under that process.
281.37(3m)(b)
(b) The department is exempt from the time limit under
par. (a) if the department determines that weather conditions prevent the department from making a determination within 60 working days after the receipt of the complete application.
281.37(4)
(4) Memorandum of agreement. The department shall initiate negotiations with the U.S. army corps of engineers to develop a memorandum of agreement establishing guidelines for mitigation projects and wetland mitigation banks. The guidelines shall address all of the topics described in
sub. (3) (a) to
(i).
281.37(5)
(5) Report to legislature. No later than January 31,
2003, and no later than January 31 of each subsequent odd-numbered year, the department shall submit to the legislature under
s. 13.172 (2) a report that provides an analysis of the impact of the implementation of this section on wetland resources and on the issuance of permits or other approvals under
ss. 59.692,
61.351,
62.231,
87.30,
281.11 to
281.47 or
281.49 to
281.85 or
ch. 30,
31,
283,
289,
291,
292,
293,
295, or
299.
281.37 History
History: 1999 a. 147;
2001 a. 6 ss.
1 to
5; Stats. 2001 s. 281.37;
2001 a. 38.
281.37 Cross-reference
Cross-reference: See also chs.
NR 300 and
350, Wis. adm. code.
WATER AND SEWAGE FACILITIES; SEPTAGE DISPOSAL
281.41
281.41
Approval of plans. 281.41(1)(a)(a) Except as provided under
sub. (2), every owner within the time prescribed by the department, shall file with the department a certified copy of complete plans of a proposed system or plant or extension thereof, in scope and detail satisfactory to the department, and, if required, of existing systems or plants, and any other information concerning maintenance, operation and other details that the department requires, including the information specified under
s. 281.35 (5) (a), if applicable. Material changes with a statement of the reasons shall be likewise submitted. Before plans are drawn, a statement concerning the improvement may be made to the department and the department may, if requested, outline generally what it will require. Upon receipt of the plans for approval, the department or its authorized representative shall notify the owner of the date of receipt.
281.41(1)(b)
(b) Within 90 days from the time of receipt of complete plans or within the time specified in
s. 281.35 (5) (c), if applicable, the department or its authorized representative shall examine and take action to approve, approve conditionally or reject the plans and shall state in writing any conditions of approval or reasons for rejection. Approval or disapproval of the plans and specifications may not be contingent upon eligibility of the proposed project for federal aid. The time period for review may be extended by agreement with the owner if the plans and specifications cannot be reviewed within the specified time limitation due to circumstances beyond the control of the department or in the case of extensive installation involving expenditures of $350,000 or more. The extension may not exceed 6 months. Failure of the department or its authorized representative to act before the expiration of the time period allowed for review shall constitute an approval of the plans, and upon demand a written certificate of approval shall be issued. Approval may be subject to modification by the department upon due notice.
281.41(1)(c)
(c) Construction or material change shall be according to approved plans only. The department may disapprove plans that are not in conformance with any existing approved areawide waste treatment management plan prepared pursuant to the federal water pollution control act,
P.L. 92-500, as amended, and shall disapprove plans that do not meet the grounds for approval specified under
s. 281.35 (5) (d), if applicable. The department shall disapprove plans that are not in conformance with any applicable approved water supply service area plan under
s. 281.348.
281.41(2)
(2) The department may, by rule, exempt an owner of a specific type of system or plant from the requirements of
sub. (1) or modify the requirements of
sub. (1) for a specific type of system or plant.
281.41(3)(a)(a) In this subsection, "septage service area" means the area containing private sewage systems served or anticipated to be served by a sewage disposal plant during the planning period.
281.41(3)(b)
(b) If an owner proposes a sewage disposal plant or an extension of an existing sewage disposal plant that increases the capacity of the existing plant by at least 20 percent, the department shall require that owner, in preparing a plan under this section, to address the need for, and include plans for, the disposal of septage, as defined in
s. 281.48 (2) (d). The department shall require an owner to address all of the following under this paragraph:
281.41(3)(b)1.
1. The amount of septage produced throughout the septage service area and the expected increase in septage production during the planning period.
281.41(3)(b)2.
2. The capacity for the disposal of septage during the planning period on land within the septage service area, in the sewage disposal plant, and by other available methods.
281.41(3)(b)3.
3. The location of private sewage systems within the septage service area, and the distances required to haul septage for disposal either on land or in the sewage disposal plant.
281.41(3)(b)4.
4. The potential for contracts with private sewage system owners, licensed disposers, as defined in
s. 281.49 (1) (b), or municipalities to assure delivery of septage to the sewage disposal plant.
281.41(3)(c)
(c) In addressing the need for the disposal of septage and the information required under
par. (b), the owner is required only to use data or other information that has previously been collected, whether by the owner or by others, and the owner is not required to conduct new research.
281.41(3)(d)
(d) The information required under
par. (b) is for the purpose of assuring that septage disposal needs are considered in the decision-making process for sewage disposal plant planning, but
par. (b) does not require construction of facilities for the handling or disposal of septage.
281.41(4)
(4) When the department receives for review a plan under
sub. (1) that would result in returning water transferred from the Great Lakes basin to the source watershed through a stream tributary to one of the Great Lakes, the department shall provide notice of the plan or revision to the governing body of each city, village, and town through which the stream flows or that is adjacent to the stream downstream from the point at which the water would enter the stream.
281.41 Cross-reference
Cross-reference: See also chs.
NR 108,
110, and
142, Wis. adm. code.
281.41 Note
NOTE: 2005 Wis. Act 347, which affected this section, contains extensive explanatory notes.
281.43
281.43
Joint sewerage systems. 281.43(1)
(1) The department of natural resources may require the sewerage system, or sewage or refuse disposal plant of any governmental unit including any town, village or city, to be so planned and constructed that it may be connected with that of any other town, village or city, and may, after hearing, upon due notice to the governmental units order the proper connections to be made or a group of governmental units including cities, villages, town sanitary districts or town utility districts may construct and operate a joint sewerage system under this statute without being so required by order of the department of natural resources but following hearing and approval of the department.
281.43(1m)
(1m) An order by the department for the connection of unincorporated territory to a city or village system or plant under this section shall not become effective for 30 days following issuance. Within 30 days following issuance of the order, the governing body of a city or village subject to an order under this section may commence an annexation proceeding under
s. 66.0219 to annex the unincorporated territory subject to the order. If the result of the referendum under
s. 66.0219 (4) is in favor of annexation, the territory shall be annexed to the city or village for all purposes, and sewerage service shall be extended to the territory subject to the order. If an application for an annexation referendum is denied under
s. 66.0219 (2) or the referendum under
s. 66.0219 (4) is against the annexation, the order shall be void. If an annexation proceeding is not commenced within the 30-day period, the order shall become effective.
281.43(2)(a)(a) When one governmental unit renders service to another under this section, reasonable compensation shall be paid. The officials in charge of the system, of the governmental unit furnishing the service shall determine the reasonable compensation and report to its clerk who shall, on or before August 1 of each year, certify a statement thereof to the clerk of the governmental unit receiving the service. The clerk of the governmental unit receiving the service shall extend the amount shown in the statement as a charge on the tax roll, in the following manner:
281.43(2)(a)1.
1. If the service rendered is available to substantially all improved real estate in the member governmental unit receiving the service, the charges shall be placed upon the tax roll of the member governmental unit as a general tax.
281.43(2)(a)2.
2. If the service rendered is for the benefit of public highways in, or real estate owned or operated by, the member governmental unit receiving the service, the charges for the service shall be placed upon the tax roll of the member governmental unit as a general tax.
281.43(2)(a)3.
3. If the service rendered does not come under the provisions of
subd. 1. or
2., the charges for the service shall be placed upon the tax roll of the member governmental unit as a special tax upon each parcel of real estate benefited; and when collected it shall be paid to the treasurer of the member governmental unit rendering the service. Where the charges are to be extended on the tax roll under the provisions of this subdivision, the clerk of the member governmental unit furnishing the service shall itemize the statement showing separately the amount charged to each parcel of real estate benefited.
281.43(2)(b)
(b) If, due to delay in determination, a charge described in
par. (a) cannot be extended on the tax roll of any particular year, it shall be extended as soon as possible.
281.43(3)
(3) If the governing body of any governmental unit deems the charge unreasonable, it may by resolution within 20 days after the filing of the report with its clerk:
281.43(3)(a)
(a) Submit to arbitration by 3 reputable and experienced engineers, one chosen by each governmental unit, and the 3rd by the other 2. If the engineers are unable to agree, the vote of 2 shall be the decision. They may affirm or modify the report, and shall submit their decision in writing to each governmental unit within 30 days of their appointment unless the time be extended by agreement of the governmental units. The decision shall be binding. Election to so arbitrate shall be a waiver of right to proceed by action. Two-thirds of the expense of arbitration shall be paid by the governmental unit requesting it, and the balance by the other.
281.43(4)(a)(a) Any 2 or more governmental units, including cities, villages, town sanitary districts or town utility districts not wishing to proceed under
sub. (2) may jointly construct, operate and maintain a joint sewerage system, inclusive of the necessary intercepting sewers and sewerage treatment works. Such joint action by 2 governmental units shall be carried out by a sewerage commission consisting of one member appointed by each of the governing bodies of such governmental units and a 3rd member to be selected by the 2 members so appointed, or in lieu thereof said sewerage commission may consist of 2 members appointed by the governing body of each governmental unit and a 5th member to be selected by the 4 members so appointed or where more than 2 governmental units act to form the commission, the representation on the commission shall be in accordance with a resolution approved by the member governmental units.
281.43(4)(b)1.1. Where such sewerage commission shall consist of 3 members, the members chosen by the 2 members first appointed shall serve for 2 years, while the members appointed by the governing bodies of the 2 governmental units shall serve for terms of 4 and 6 years, respectively, the length of term of each to be determined by lot. All subsequent appointments, except for unexpired terms, shall be for 6 years. All such members shall serve until their successors shall have been appointed and shall have qualified.
281.43(4)(b)2.
2. Where such sewerage commission shall consist of 5 members, the member chosen by the 4 members first appointed shall serve for one year, while the members appointed by the governing bodies of the 2 governmental units shall serve for terms of 2, 3, 4 and 5 years respectively, the length of terms of each to be determined by lot. All subsequent appointments, except for unexpired terms, shall be for 6 years. All such members shall serve until their successors shall have been appointed and shall have qualified.
281.43(4)(b)3.
3. Where such sewerage commission representation shall be formed by approval of a resolution, the resolution shall state the method of appointing commissioners and the term of office of each commissioner.
281.43(4)(c)
(c) The sewerage commissioners shall project, plan, construct and maintain in the district comprising the member governmental units intercepting and other main sewers for the collection and transmission of house, industrial and other sewage to a site or sites for disposal selected by them, such sewers to be sufficient, in the judgment of the sewerage commissioners, to care for such sewage of the territory included in such district. The sewerage commissioners shall project, plan, construct and operate sewage disposal works at a site or sites selected by them which may be located within or outside of the territory included in the district. The sewerage commissioners may also project, plan, construct and maintain intercepting and other main sewers for the collection and disposal of storm water which shall be separate from the sanitary sewerage system. The sewerage commissioners may also project, plan, construct and operate solid waste disposal works at a site or sites selected by them which may be located within or outside of the territory included in the district or by contract with counties or municipalities which have solid waste disposal facilities. The sewerage commissioners may employ and fix compensation for engineers, assistants, clerks, employees and laborers, or do such other things as may be necessary for the due and proper execution of their duties. Such sewage disposal works may be used by the sewerage commissioners and by such governmental units for the disposal of garbage, refuse and rubbish.
