281.36(4)(e)1.
1. That the flow and circulation patterns and chemical and biological characteristics of the affected wetland are not impaired.
281.36(4)(e)2.
2. That the reach of the affected wetland is not reduced.
281.36(4)(e)3.
3. That any adverse effect on the aquatic environment of the affected wetland is minimized to the degree required by the department.
281.36(5)
(5) Inapplicability of exemptions. Notwithstanding
sub. (4), a discharge that would be exempt under
sub. (4) is subject to the permitting requirement under
sub. (3b) if the discharge is incidental to an activity that has as its purpose bringing a wetland, or part of a wetland, into a use for which it was not previously subject and if the activity may do any of the following:
281.36(5)(a)
(a) Impair the flow or circulation of any wetland.
281.36(6)(a)(a) The department shall promulgate rules to interpret and implement the provisions under
subs. (4) and
(5). In promulgating these rules, the department shall do all of the following:
281.36(6)(a)1.
1. Make the rules consistent with existing federal law or interpretation.
281.36(6)(a)2.
2. Incorporate any applicable additional federal law or interpretation into the rules.
281.36(6)(b)
(b) Whenever an additional federal law or interpretation is initially incorporated into the rules, the department may modify the additional federal law or interpretation as it determines is necessary, but the department may not otherwise amend or modify any of the rules promulgated under this subsection.
281.36(8m)
(8m) Subsequent protection for wetlands. 281.36(8m)(a)1.1. A person who is the holder of a wetland individual permit that authorizes a mitigation project shall grant a conservation easement under
s. 700.40 to the department or shall execute a comparable legal instrument to ensure that a wetland that is being restored, enhanced, created, or preserved 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 wetland individual permit if the holder of the individual permit fails to take these measures.
281.36(8m)(a)2.
2. A person who is restoring, enhancing, creating, or preserving 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 or shall execute a comparable legal instrument 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.
281.36(8m)(b)
(b) Notwithstanding
par. (a), the department shall modify or release a conservation easement granted under
par. (a) or shall void a comparable legal instrument executed under
par. (a) if all of the following apply:
281.36(8m)(b)1.
1. The department determines that part or all of the restored, enhanced or created wetland ceases to be a wetland.
281.36(8m)(b)2.
2. The person who is required to grant the conservation easement or execute the legal instrument did not contribute to the loss of the wetland specified in
subd. 1.
281.36(8m)(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.
281.36(9)(a)(a) For purposes of determining whether to issue a wetland individual permit, whether authorization to proceed as authorized under a wetland general permit is appropriate, or whether an exemption under
sub. (4) is appropriate, and for purposes of enforcing this section, any employee or other representative of the department, upon presenting his or her credentials, may do any of the following:
281.36(9)(a)1.
1. Enter and inspect any property on which is located a wetland or part of a wetland, for which an application has been submitted under
sub. (3g) or
(3m).
281.36(9)(a)2.
2. Enter and inspect any property on which is located a wetland to investigate a discharge that the department has reason to believe is in violation of this section.
281.36(9)(a)3.
3. Gain access to and inspect any records that a holder of a wetland individual permit or a person acting under the authority of a wetland general permit is required by the department to keep.
281.36(9)(d)
(d) The department shall provide reasonable advance notice to the property owner before entering and inspecting property as authorized under
par. (a).
281.36(9)(e)
(e) If the owner of the property refuses to give consent for the entry and inspection, the department may do any of the following:
281.36(9)(e)2.
2. Deny an application for a wetland individual permit or deny authorization to proceed under a wetland general permit.
281.36(10)
(10) Additional requirements. The requirement of being issued a wetland individual permit or proceeding under the authority of a wetland general permit under this section is in addition to any permit or other approval required by the department for a project or activity that involves a discharge into a wetland. This section governs the determination of whether a discharge is in compliance with water quality standards but does not affect the authority of the department to otherwise regulate the discharge of dredged or fill material in a wetland under
ss. 59.692,
61.351,
62.231,
87.30,
281.11 to
281.35,
281.41 to
281.47, or
281.49 to
281.85 or
ch. 30,
31,
283,
289,
291,
292,
293,
295, or
299.
281.36(11)(a)(a) The department shall set a surcharge fee to be charged for each application to proceed under a wetland general permit that is issued under
sub. (3g) (a) 4.,
5., or
6. The surcharge fee shall be set on an annual basis by the department and may not exceed more than 50 percent of the market price, as determined by the department, for the equivalent purchase of credits from a mitigation bank. These fees shall be credited to the appropriation account under
s. 20.370 (4) (bm) for the restoration and creation of wetlands. The department may enter into agreements with other entities for the restoration and creation of such wetlands.
281.36(11)(b)
(b) Any wetland that is restored or created using funding from the appropriation under
s. 20.370 (4) (bm) shall be open to the public for hunting, fishing, trapping, cross-country skiing, or hiking or any combination thereof, but the department may establish reasonable restrictions on the use of the land by the public in order to protect public safety or to protect a unique plant or animal community.
281.36(12)(a)(a)
Fees required. The department shall charge a fee for reviewing, investigating, and making decisions on applications to proceed under wetland general permits under
sub. (3g) and on applications for wetland individual permits under
sub. (3m). For an authorization to proceed under a wetland general permit, the application fee shall be $500. For a wetland individual permit, the application fee shall be $800.
281.36(12)(b)
(b)
Additional fee. The department may set and charge a fee in the amount necessary to meet the costs incurred by the department in reviewing mitigation that is conducted by mitigation banks.
281.36(12)(c)1.1. The department shall refund an application fee charged for a wetland individual permit under
par. (a) if the applicant requests a refund before the department determines that the application is complete. The department may not refund a fee after the department determines that the application is complete unless required to do so under a rule promulgated under
s. 299.05.
281.36(12)(c)2.
2. If the applicant submits an application for authorization to proceed under a wetland general or a wetland individual permit after the discharge is begun or after it is completed, the department shall charge an amount equal to twice the amount of the fee that it would have charged under this section.
281.36(12)(c)3.
3. The department may increase the fee specified in
par. (a) only if the increase is necessary to meet the costs of the department in performing the activities for which the fee is charged.
281.36(12)(d)1.1. The department, by rule, may charge a supplemental fee that is in addition to a fee charged under this subsection if all of the following apply:
281.36(12)(d)1.a.
a. The applicant requests in writing that the decision on the application be issued within a time period that is shorter than the time limit promulgated under
subd. 2. for the decision.
281.36(12)(d)1.b.
b. The department verifies that it will be able to comply with the request.
281.36(12)(d)2.
2. If the department promulgates a rule under
subd. 1., the rule shall contain a time limit for making decisions on the application.
281.36(12)(e)
(e)
Exemptions from fees. Paragraphs (a),
(b),
(c), and
(d) do not apply to any federal agency or state agency.
281.36(13)(a)(a) Whoever is concerned in the commission of a violation of this section for which a forfeiture is imposed is a principal and may be charged and found in violation although he or she did not directly commit the violation and although the person who directly committed it has not been found in violation.
281.36(13)(b)
(b) A person is concerned in the commission of the violation if the person does any of the following:
281.36(13)(b)3.
3. Is a party to a conspiracy with another to commit the violation or advises, hires, counsels, or otherwise procures any person to commit it.
281.36(13m)
(13m) 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 mitigation 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.
281.36(14)(a)(a) Except as provided in
par. (b), any person who violates any provision of this section shall forfeit not less than $100 nor more than $10,000 for the first offense and shall forfeit not less than $500 nor more than $10,000 upon being found in violation of the same offense a 2nd or subsequent time.
281.36(14)(b)
(b) Any person who violates a wetland general permit issued under
sub. (3g) shall forfeit not less than $10 nor more than $500 for the first offense and shall forfeit not less than $50 nor more than $500 upon being found in violation of the same offense a 2nd or subsequent time.
281.36(14)(c)
(c) A violation of any condition contained in a wetland general permit issued under
sub. (3g) is a violation of the statute under which the general permit was issued.
281.36(14)(d)
(d) In addition to the forfeitures specified under
pars. (a) and
(b), a court may order a defendant to abate any nuisance, restore a natural resource, or take, or refrain from taking, any other action as necessary to eliminate or minimize any environmental damage caused by the defendant.
281.36 History
History: 2001 a. 6;
2005 a. 253; s. 35.17 correction in (5) (intro.);
2011 a. 118, ss.
43,
45 to
47,
49 to
55,
57 to
118,
122,
123,
127 to
137,
141.
281.36 Cross-reference
Cross-reference: See also ch.
NR 300,
351,
352, and
353, 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 on-site wastewater treatment 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 on-site wastewater treatment 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 on-site wastewater treatment 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(5)
(5) The department shall establish an expedited procedure for approval of plans under this section. The expedited procedure shall apply, in lieu of the procedure under
sub. (1) (b), if the department determines that all of the following are satisfied:
281.41(5)(a)
(a) The plan design is of a common construction and size or is for a minor addition to an existing facility.
281.41(5)(b)
(b) The plan design is submitted by a registered professional engineer.
281.41(5)(c)
(c) The plan design is submitted by a person who has designed similar facilities and none of those similar facilities has caused adverse impacts to the environment.
281.41(5)(d)
(d) The plan design contains no unusual siting requirements or other unique design features.
281.41(5)(e)
(e) The plan design is not likely to have an adverse impact on the environment.
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.
