AB40-ASA1,1115,22 20a. Activities related to construction site erosion control at sites where the
21construction activities do not include the construction of a building and to storm
22water management
that have a land disturbance that is one acre or more in area.
AB40-ASA1,2089 23Section 2089. 281.33 (3) (a) 1. b. of the statutes is created to read:
AB40-ASA1,1116,3
1281.33 (3) (a) 1. b. Activities related to construction site erosion control at sites
2that have a land disturbance that is less than one acre and to which ss. 101.1206 and
3101.653 do not apply.
AB40-ASA1,2090 4Section 2090. 281.33 (3) (a) 1. c. of the statutes is created to read:
AB40-ASA1,1116,55 281.33 (3) (a) 1. c. Storm water management.
AB40-ASA1,2090c 6Section 2090c. 281.33 (3) (a) 2. of the statutes is amended to read:
AB40-ASA1,1116,117 281.33 (3) (a) 2. The department, in cooperation with the department of
8transportation, shall establish by rule minimum uniform statewide standards for
9activities related to construction site erosion control and storm water management
10if those activities concern street, highway, road or bridge construction, enlargement,
11relocation or reconstruction.
AB40-ASA1,2090g 12Section 2090g. 281.33 (3) (a) 3. of the statutes is amended to read:
AB40-ASA1,1116,1813 281.33 (3) (a) 3. Minimum Uniform statewide standards for storm water
14management established under this paragraph are applicable to the state plan
15under sub. (2). The department shall encourage require a city, village, town, or
16county to comply with minimum uniform statewide standards established under this
17paragraph for any construction site erosion control and storm water management
18zoning ordinance enacted under s. 59.693, 60.627, 61.354 or 62.234.
AB40-ASA1,2090j 19Section 2090j. 281.33 (3) (a) 4. of the statutes is amended to read:
AB40-ASA1,1116,2120 281.33 (3) (a) 4. The department shall identify low-cost practices which would
21enable a person to comply with these minimum uniform statewide standards.
AB40-ASA1,2091 22Section 2091. 281.33 (3) (b) (intro.) of the statutes is amended to read:
AB40-ASA1,1117,223 281.33 (3) (b) (intro.) The minimum uniform statewide standards for
24construction site erosion control at sites where the construction activities do not

1include the construction of a building
described in par. (a) 1. a. and b. shall provide
2for the regulation of any construction activity, at such a site, that:
AB40-ASA1,2091c 3Section 2091c. 281.33 (3) (c) (intro.) of the statutes is amended to read:
AB40-ASA1,1117,64 281.33 (3) (c) (intro.) The minimum uniform statewide standards for storm
5water management shall provide for the regulation of any construction activity
6which:
AB40-ASA1,2091g 7Section 2091g. 281.33 (3) (d) of the statutes is created to read:
AB40-ASA1,1117,128 281.33 (3) (d) If the department determines that rules promulgated under s.
9281.16 (2) prescribe performance standards that meet the requirements for
10establishing uniform statewide standards under this subsection, the department's
11rules promulgated under s. 281.16 (2) satisfy the rule-making requirements under
12this subsection and shall apply as if they were promulgated under this subsection.
AB40-ASA1,2091j 13Section 2091j. 281.33 (3m) of the statutes is created to read:
AB40-ASA1,1117,1714 281.33 (3m) Requirements for ordinances. A city, village, town, or county may
15enact an ordinance regulating the conduct regulated under this section only if the
16ordinance strictly conforms with uniform statewide standards established under
17sub. (3).
AB40-ASA1,2092 18Section 2092. 281.33 (4) of the statutes is amended to read:
AB40-ASA1,1118,319 281.33 (4) Model ordinances; state plan; distribution. The department shall
20prepare a model zoning ordinance for construction site erosion control at sites where
21the construction activities do not include the construction of a building
described in
22sub. (3) (a) 1. a. and b.
and for storm water management in the form of an
23administrative rule. The model ordinance is subject to s. 227.19 and other provisions
24of ch. 227 in the same manner as other administrative rules. Following the
25promulgation of the model ordinance as a rule, the department shall distribute a copy

1of the model ordinance to any city, village, town or county that submits a request.
2The department shall distribute a copy of the state plan to any agency which submits
3a request.
AB40-ASA1,2092d 4Section 2092d. 281.33 (5) of the statutes is amended to read:
AB40-ASA1,1118,135 281.33 (5) Cooperation. The department, the municipalities, and all state
6agencies shall cooperate to accomplish the objective of this section. To that end, the
7department shall consult with the governing bodies of municipalities to secure
8voluntary uniformity of regulations, so far as practicable, shall prepare model
9ordinances under sub. (4), shall extend assistance to municipalities under this
10section, shall prepare the plan under sub. (2), shall encourage obtain uniformity
11through the implementation of this plan and the utilization of memoranda of
12understanding which are substantially similar to the plan, and shall extend
13assistance to agencies under this section.
AB40-ASA1,2092g 14Section 2092g. 281.34 (5m) of the statutes is created to read:
AB40-ASA1,1118,1815 281.34 (5m) Consideration of cumulative impacts. (a) No person may
16challenge an approval, or an application for approval, of a high capacity well based
17on the lack of consideration of the cumulative environmental impacts of that high
18capacity well together with existing wells.
AB40-ASA1,1118,2319 (b) Paragraph (a) applies to approvals issued by the department and to
20applications for approvals submitted to the department before, on, or after the
21effective date of this paragraph .... [LRB inserts date], including those that are the
22subject of a pending administrative or judicial review proceeding on the effective
23date of this paragraph .... [LRB inserts date].
AB40-ASA1,2092j 24Section 2092j. 281.36 (1) (br) of the statutes is created to read:
AB40-ASA1,1119,2
1281.36 (1) (br) "Nonfederal wetland" means a wetland that is not subject to
2federal jurisdiction under 33 USC 1344.
AB40-ASA1,2092m 3Section 2092m. 281.36 (3r) (a) 4. of the statutes is created to read: