LRB-5846/1
ZDW:cjs
2023 - 2024 LEGISLATURE
February 23, 2024 - Introduced by Representatives Stubbs, Ratcliff, Baldeh,
Moore Omokunde, Joers, Shelton, Sinicki, Bare, Subeck, Madison, J.
Anderson, Jacobson, Drake, Palmeri and Ohnstad, cosponsored by Senators
Agard and L. Johnson. Referred to Committee on Housing and Real Estate.
AB1118,1,2
1An Act to create 283.33 (8m) of the statutes;
relating to: safety requirements
2for storm water retention ponds and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Natural Resources issues water
pollutant discharge elimination system (WPDES) permits and storm water
discharge permits. DNR promulgates rules for the administration of both permits.
This bill requires that DNR promulgate rules establishing that any pond
located in an area with a population density of at least 1,000 people per square mile
that is constructed as part of an activity for which a WPDES or stormwater discharge
permit is required must include one or more of the following safety features: (1) a
shallow ledge around the periphery of the pond; (2) vegetation that is at least 24
inches high between the pond and any easy point of access; or (3) any other
alternative safety feature authorized by DNR by rule.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1118,1
3Section
1. 283.33 (8m) of the statutes is created to read:
AB1118,2,34
283.33
(8m) Rules for storm water pond safety. The department shall
5promulgate rules under sub. (8) establishing that any pond located in an area with
1a population density of not less than 1,000 people per square mile that is constructed
2as part of an activity for which a permit is required under sub. (1) or s. 283.31 must
3include one or more of the following features for safety:
AB1118,2,44
(a) A shallow ledge around the periphery of the pond.
AB1118,2,65
(b) Vegetation that is not less than 24 inches high between the pond and any
6easy point of access.
AB1118,2,77
(c) Any other alternative safety feature authorized by the department by rule.
