2017 - 2018 LEGISLATURE
February 8, 2017 - Introduced by Representatives Weatherston, Bernier, E.
Brooks, Kremer, Quinn, Murphy and Mursau, cosponsored by Senator
Tiffany. Referred to Committee on Energy and Utilities.
1An Act to create
281.36 (4m) of the statutes; relating to: exempting utility
2activities in a highway right-of-way from wetland permitting requirements.
Analysis by the Legislative Reference Bureau
This bill exempts from wetland permitting requirements a discharge of
material into a wetland that is incidental to installation or maintenance of utility
infrastructure in a highway right-of-way if the affected portion of the wetland will
be restored to the condition that existed immediately before the discharge was
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 the Department of Natural Resources to issue wetland
general permits for discharges of dredged or fill material into certain wetlands.
Current law also authorizes DNR to require a person to apply for and obtain a
wetland individual permit if DNR determines that conditions specific to the site
require additional restrictions on the discharge in order to provide reasonable
assurance that no significant adverse impacts to wetland functional values will
occur. Also under current law, 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
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:
281.36 (4m) of the statutes is created to read:
281.36 (4m) Exemption; highway right-of-way.
The permitting requirement 3
under sub. (3b) does not apply to any discharge incidental to installation or 4
maintenance of utility infrastructure in a highway right-of-way if the affected 5
portion of the wetland will be restored to the condition that existed immediately 6
before the discharge was commenced.