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2017 - 2018 LEGISLATURE
September 13, 2017 - Introduced by Representatives Steffen, E. Brooks,
Felzkowski, Gannon, Horlacher, Kremer, Kulp and Kuglitsch, cosponsored
by Senators LeMahieu, Craig and Tiffany. Referred to Committee on
Environment and Forestry.
AB497,1,3 1An Act to renumber and amend 281.36 (3n) (d); and to create 281.36 (3n) (d)
22. of the statutes; relating to: mitigation requirements applicable to wetland
3individual permits.
Analysis by the Legislative Reference Bureau
Under this bill, if the Department of Natural Resources issues a wetland
individual permit to a public utility, DNR may not require mitigation unless the
discharge authorized by the wetland individual permit will result in a permanent fill
of more than 10,000 square feet of wetland.
Under current law, no person may discharge dredged material or fill material
into a wetland unless the discharge is authorized by a wetland general permit or
individual permit, or the discharge is exempt from permitting requirements.
Current law requires DNR to issue wetland general permits for discharges to
wetlands that are necessary for temporary access or waste disposal if not more than
two acres of wetlands are affected, discharges for certain development if not more
than 10,000 square feet of wetlands are affected, and for utility and highway
construction and maintenance.
For a discharge into a wetland that is not authorized under a wetland general
permit, current law requires a person to apply for and obtain a wetland individual
permit. Before DNR may issue a wetland individual permit, it must require the
restoration, enhancement, creation, or preservation of other wetlands to compensate
for adverse impacts to a wetland resulting from the discharge, also known as

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB497,1 1Section 1. 281.36 (3n) (d) of the statutes is renumbered 281.36 (3n) (d) 1. and
2amended to read:
AB497,2,73 281.36 (3n) (d) 1. The Except as provided in subd. 2., the department shall
4require mitigation under the program established under sub. (3r) for wetland
5individual permits it issues under this subsection. This subsection does not entitle
6an applicant to a wetland individual permit or any other approval in exchange for
7conducting mitigation.
AB497,2 8Section 2. 281.36 (3n) (d) 2. of the statutes is created to read:
AB497,2,139 281.36 (3n) (d) 2. If the department issues a wetland individual permit under
10sub. (3m) to a public utility, as defined in s. 196.01 (5), the department may not
11require mitigation under the program established under sub. (3r) unless the
12discharge authorized by the wetland individual permit will result in a permanent fill
13of more than 10,000 square feet of wetland.
AB497,2,1414 (End)