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LRB-1752/1
ZDW&EHS:cjs
2019 - 2020 LEGISLATURE
December 23, 2019 - Introduced by Representatives Oldenburg, Steineke,
Billings, Doyle, Edming, Horlacher, Kerkman, Kitchens, Krug, Kurtz, B.
Meyers
, Milroy, Mursau, Nygren, Sinicki, Skowronski, Stuck, Thiesfeldt,
Tranel, Tusler, Wichgers and Loudenbeck, cosponsored by Senators
Cowles, Bewley, Feyen, Hansen, Miller, Olsen, Petrowski, Ringhand,
Schachtner, Shilling, Testin, Wanggaard and Wirch. Referred to
Committee on Environment.
AB701,1,4 1An Act to repeal 30.2065 (1) and 30.2065 (2) (title); to renumber and amend
230.2065 (2); and to create 15.347 (23) and 30.2065 (1g) of the statutes; relating
3to:
a general permit for hydrologic restoration projects and creating a
4hydrologic restoration and management advisory council.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Natural Resources to issue a general
permit that authorizes wetland, stream, and floodplain restoration and
management activities that will result in a net improvement in hydrologic
connections, conditions, and functions. Under current law, DNR may issue a general
permit to a person wishing to proceed with a wetland restoration activity sponsored
by a federal agency.
The bill requires DNR to apply several conditions to the new general permit
relating to improvement of hydrologic conditions. The bill authorizes DNR to require
an individual seeking approval to conduct activities under the general permit to
apply for an individual permit under certain circumstances.
Like the existing general permit for wetland restoration activity, a general
permit issued under the bill is valid for a period of five years, except that an activity
that DNR determines is authorized by a general permit remains authorized under
the permit until the activity is completed. Also, like the existing general permit for
wetland restoration activity, a general permit issued under the bill is in lieu of any
permit or approval that would otherwise be required for that activity under state
navigable water law, water quality law, or wetland law.

The bill creates at DNR a hydrologic restoration and management advisory
council to provide input, make recommendations, and generally assist DNR with the
implementation of the new general permit and associated restoration projects.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB701,1 1Section 1 . 15.347 (23) of the statutes is created to read:
AB701,2,22 15.347 (23) Hydrologic restoration and management advisory council.
AB701,2,123 (a) There is created in the department of natural resources a hydrologic
4restoration and management advisory council consisting of no fewer than 7 and no
5more than 15 members appointed by the secretary of natural resources. The
6secretary shall, as feasible, appoint members who represent entities such as local
7governments and state and federal agencies with shared regulatory jurisdiction or
8programmatic priorities; tribal partners; and academic, nongovernmental, and
9private sector partners. The secretary shall appoint members with diverse expertise
10in policies and practices relevant to the functions of the council, such as wetland,
11stream, and watershed restoration; floodplain management and hydrology; fluvial
12geomorphology; and hydrogeology.
AB701,2,1413 (b) The hydrologic restoration and management advisory council shall do all
14of the following:
AB701,2,1815 1. Provide input on the terms, conditions, and implementation of policies
16related to the review of hydrologic restoration and management projects, including
17the general permit for hydrologic restoration and management issued under s.
1830.2065 (1g).
AB701,2,2019 2. Create a forum to help increase and improve interagency coordination on the
20review of proposals to reconnect streams and floodplains.
AB701,3,2
13. Consider and recommend opportunities to help local governments plan,
2review, and implement hydrologic and floodplain restoration projects.
AB701,3,63 4. Consider and recommend policy and program changes needed to increase
4integration of hydrologic restoration and management strategies in state-sponsored
5programs related to flood hazard mitigation, water quality improvement, and fishery
6and wildlife management.
AB701,3,107 5. Assist the department of natural resources with the planning and
8implementation of trainings on hydrologic restoration and management for state
9regulatory and resource management staff, local governments, restoration
10practitioners, and other relevant audiences.
AB701,3,1211 6. Identify and address other issues related to subds. 1. to 5. and provide
12recommendations on those issues.
AB701,3,1313 (c) The department of natural resources shall staff the council.
AB701,2 14Section 2. 30.2065 (1) of the statutes is repealed.
AB701,3 15Section 3. 30.2065 (1g) of the statutes is created to read:
AB701,4,516 30.2065 (1g) (a) The department shall issue a general permit that authorizes
17wetland, stream, and floodplain restoration and management activities that will
18result in a net improvement in hydrologic connections, conditions, and functions.
19These activities shall be designed to the extent possible to return wetland, stream,
20and floodplain hydrology to a natural and self-regulating condition in order to
21achieve such goals as to slow the flow of runoff, reduce flood peaks, restore surface
22and groundwater interactions, improve water quality, or increase soil retention,
23groundwater infiltration, base flow, upper watershed storage, and flood resilience.
24An activity is authorized by the general permit only if the applicant demonstrates
25to the satisfaction of the department that the activity will result in net improvements

1in hydrologic connections, conditions, and functions and will not injure public rights
2or interests or result in material injury to the rights of any riparian owner. The
3department may develop a quantification tool to determine if an activity will meet
4those standards. The department shall include conditions under the general permit
5that do all of the following:
AB701,4,126 1. Authorize hydrologic restoration activities in and adjacent to wetlands,
7streams, floodplains, and drainageways, including those that are no longer present
8but are restorable, for the purposes of reconnecting streams and floodplains,
9reestablishing healthy channel form and condition, removing or reducing wetland
10drainage, restoring or improving natural flow and movement of water or sediment,
11and reestablishing vegetation to support site stability and help manage flow and
12infiltration.
AB701,4,1613 2. Authorize hydrologic restoration activities that alter the flow of water in, to,
14or from an area of special natural resource interest if the activities restore or repair
15surface or subsurface connections within the area of special natural resource interest
16or between the area of special natural resource interest and other waters of the state.
AB701,4,2017 3. Authorize approval for certain low-risk dams, as determined by the
18department, that do not meet the definition of a large dam under s. 31.19 (1m). The
19department shall establish reasonable conditions in the permit to ensure that life,
20health, property, and property values are protected.
AB701,4,2221 4. Specify that the general permit does not authorize any of the following
22activities:
AB701,4,2323 a. Construction of artificial wetlands.
AB701,4,2424 b. Construction of stormwater retention or detention ponds.
AB701,5,2
1c. Construction of large dams, as defined under s. 31.19 (1m), or dams that pose
2a risk to life, health, or property.
AB701,5,43 d. Activities that straighten, berm, dredge, or armor stream channels, except
4when proposed as a necessary element of a larger hydrologic restoration plan.
AB701,5,65 e. Fish and wildlife habitat enhancement activities that are not associated with
6a larger hydrologic restoration plan.
AB701,5,107 (am) In addition to the conditions under par. (a), the department may include
8other conditions necessary to ensure that activities authorized by the general permit
9will not injure public rights or interests or result in material injury to the rights of
10any riparian owner.
AB701,5,1311 (b) The department shall consider all of the following factors when it assesses
12whether a proposed activity will result in net improvements in hydrologic
13connections, conditions, and functions:
AB701,5,1514 1. Minimal adverse impacts regulated under this chapter and ch. 281 may be
15allowed if those impacts are anticipated to be temporary.
AB701,5,1716 2. Restoring natural and self-regulating hydrology may result in permanent
17but net-positive changes to biotic communities and abiotic conditions.
AB701,5,1918 (c) In reviewing activities proposed to be conducted under a general permit
19issued under this subsection, the department may do any of the following:
AB701,5,2020 1. Waive fees.
AB701,5,2221 2. Establish a reporting-only notification process for activities funded in whole
22or in part by a state or federal agency.
AB701,5,2323 3. Waive requirements for wetland delineations and functional assessments.
AB701,6,3
14. Adjust and simplify the application and information requirements to reflect
2the fact that voluntary hydrologic restoration projects differ from projects with
3potential adverse environmental impacts.
AB701,6,54 5. Waive requirements related to wetland mitigation for impacts incidental to
5more fully restoring wetland hydrology.
AB701,6,116 (d) The department shall notify, in writing, a person who has applied under s.
730.206 (3) (a) for authorization to proceed under a general permit issued under this
8subsection that the person is required to apply for an individual permit if the
9department determines that the proposed activity will not result in net
10improvements to hydrologic connections, condition, and functions. The department
11shall document in this notification its reasons for making this determination.
AB701,6,1612 (e) A person wishing to proceed with an activity that may be authorized by a
13general permit under this subsection may request and shall be granted a
14preapplication meeting with the department prior to submitting an application
15under s. 30.206 (3) (a). The department shall attempt to coordinate this meeting with
16the local zoning authority in cases where local zoning regulations apply.
AB701,4 17Section 4. 30.2065 (2) (title) of the statutes is repealed.
AB701,5 18Section 5. 30.2065 (2) of the statutes is renumbered 30.2065, and 30.2065 (1),
19(2) and (3) (intro.), as renumbered, are amended to read:
AB701,6,2120 30.2065 (1) The department may issue a general permit to a person wishing
21to proceed with an a wetland restoration activity sponsored by a federal agency.
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