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AB756,145 11Section 145. 706.01 (9) of the statutes is amended to read:
AB756,42,1312 706.01 (9) “Mining company" means any person or agent of a person who has
13a prospecting permit under s. 293.45 or a mining permit under s. 293.49 or 295.58.
AB756,146 14Section 146. 710.02 (2) (d) of the statutes is amended to read:
AB756,42,1615 710.02 (2) (d) An exploration mining lease as defined in s. 107.001 (1) and land
16used for mining and associated activities under chs. 293 and 295.
AB756,147 17Section 147. 2013 Wisconsin Act 1, section 103 is repealed.
AB756,148 18Section 148 . NR 132.06 (4) of the administrative code is created to read:
AB756,43,1019 NR 132.06 (4) The department has been directed, pursuant to ch. 421, laws of
201977, to assure that mining activities conducted in this state result in a minimization
21of disturbance to wetlands. The legislature has also directed, in ch. 377, laws of 1977,
22that department rules relating to metallic mining wastes take into consideration the
23special requirements of metallic mining operations in the location, design,
24construction, operation and maintenance of sites and facilities for the disposal of
25such wastes as well as any special environmental concerns that will arise as a result

1of the disposal of the same. The department has established, in s. NR 1.95 an overall
2framework for its decisions affecting wetlands. It is, therefore, the intent of this
3subsection to implement these directives recognizing that, depending on the location
4and site conditions involved in a particular case, it may be relatively easy to avoid
5entirely the use of wetlands in some cases while being virtually impossible to avoid
6their limited and carefully contemplated use in others and that the goal of the siting
7process shall be the selection of sites that are most favorable taking into account all
8pertinent factors. For purposes, therefore, of administering these directives and
9rules and acting on permits, licenses and approvals, the following standards shall be
10applied:
AB756,43,1411 (a) The objective of the applicant's site selection process for mining facilities,
12and for the disposal or storage of wastes or materials produced by such activities,
13shall be the selection of a viable site that would result in the least overall adverse
14environmental impact.
AB756,43,2115 (b) The applicant's site selection process shall include the identification and
16analysis of various alternatives so that a legitimate comparison between the most
17viable sites can be made by the department, realizing that a comparison will be made
18between several sites, all of which may have some imperfections with regard to
19environmental acceptability and none of which, in some cases, may be found to be
20environmentally acceptable as a result of compliance with s. 1.11, Stats., and other
21applicable Wisconsin laws.
AB756,44,622 (c) To ensure compliance with the requirement to minimize the disturbance of
23wetlands, the applicant shall identify and the department shall analyze viable sites
24which would result in the least overall adverse environmental impact and which
25would also avoid the use of any wetlands. If such sites avoiding the use of wetlands

1cannot be identified pursuant to the standards in this subsection, then the applicant
2shall identify and the department shall analyze those viable sites which would result
3in the least overall adverse environmental impact and which would also utilize,
4consistent with minimizing total environmental impacts, the least acreage and the
5least valuable wetlands directly and which would cause the least adverse impact on
6the wetlands and waters of the state outside the proposed area of use.
AB756,44,117 (d) The use of wetlands for mining activities, including the disposal or storage
8of mining wastes or materials, or the use of other lands for such uses which would
9have a significant adverse effect on wetlands, are presumed to be unnecessary unless
10the applicant demonstrates, taking into account economic, environmental, technical,
11recreational and aesthetic factors, that the site proposed for use:
AB756,44,1212 1. Constitutes a viable site;
AB756,44,1413 2. Is the alternative which causes the least overall adverse environmental
14impact;
AB756,44,2115 3. Will be used in a manner so as to minimize the loss of wetlands functions
16which those wetlands may serve with respect to related wetlands or other waters of
17the state, or both, outside the proposed area of use. As used in this paragraph, a
18presumption shall not be construed to be a prohibition, but rather the creating of a
19burden of proof on the applicant to demonstrate by the preponderance of evidence
20that it has complied with all the siting principles and standards of this subsection.
21As used in this section, viable means technically and economically feasible.
AB756,45,1222 (e) With respect to mining activities sited, in whole or in part, in wetlands and
23predating these rules as well as ch. 377, laws of 1977, the use of such wetlands for
24such activities shall be deemed necessary hereunder and the site of such use shall
25be deemed a viable site. The standards of minimization herein established to the

1extent applicable to such preexisting activities by reason of s. 293.13 (2) (c) 8., Stats.,
2shall be so applicable only to the extent specified in s. 293.91 (2), Stats. Furthermore,
3any additional activities undertaken in wetlands by an applicant subsequent to the
4effective date of these rules, which additional activities are undertaken to bring
5activities of the applicant, which were sited in wetlands prior to these rules, into
6prompt compliance with chs. 30, 281 and 283, Stats., as well as regulations, orders
7and decisions thereunder, shall be deemed to be necessary so long as the applicant
8demonstrates that, taking into account economic, environmental, technical,
9recreational and aesthetic factors, the site proposed for use by such additional
10activities will be used in a manner so as to minimize the loss of wetlands and the net
11loss of functions which those wetlands may serve with respect to related wetlands
12or other waters of the state, or both, outside the proposed area of use.
AB756,45,1513 (f) The department shall give special consideration to a site where it finds that
14the degree of necessary improvement is of such extent and expense that compliance
15cannot be accomplished without affecting wetlands.
AB756,45,1816 (g) The applicant shall assist in the evaluation of environmental impacts as
17mandated herein. All of the applicable following wetlands functions and values shall
18be considered except as provided in par. (h):
AB756,46,919 1. `Biological functions.' Wetlands are environments in which a variety of
20biological functions occur. In many cases, wetlands are very productive ecosystems
21which support a wide diversity of aquatic and terrestrial organisms. Many wetland
22areas are vital spawning, breeding, nursery or feeding grounds for a variety of
23indigenous species. Wetlands are sometimes the habitats for state or federally
24designated rare, threatened or endangered species. Evaluation of the biological
25functions should include consideration of the kinds, numbers and relative

1abundance and distribution of plant and animal species supported by the area, net
2primary productivity of plant communities, wildlife production and use, and the
3kinds and amount of organic material transported to other aquatic systems as a
4potential energy source for consumer organisms in those systems. Habitat
5evaluation should consider the short- and long-term importance of the wetlands to
6both aquatic and terrestrial species. In addition, the evaluation should include any
7specialized wetland functions essential for an organism to complete its life cycle
8requirements such as cover, spawning, feeding and the like. Each wetland under
9consideration should be evaluated on a site specific basis.
AB756,46,2310 2. `Watershed functions.' In addition to their biological functions, wetlands
11may serve important physical and chemical functions with respect to other wetlands
12and waters of the state. A specific wetland, or set of wetlands, may play a critical role
13in maintaining the stability of the entire system to which it is physically and
14functionally related. This functional role may include the maintenance of both the
15hydrologic patterns and the physical and chemical processes of related wetlands and
16other related waters of the state. Evaluation of wetland functions requires a
17thorough analysis of the manner and extent to which the wetland serves to maintain
18the hydrologic, physical and chemical processes of the larger ecosystem to which it
19belongs. Factors to be considered in the evaluation process are discussed below. The
20use of non-wetland areas may alter the hydrologic, chemical and physical processes
21of wetlands outside the proposed area of use. The possibility of such impacts from
22the use area into wetlands and other waters of the state outside the proposed area
23of use should be carefully considered.
AB756,48,424 2c. `Hydrologic support functions.' A particular wetland may function to
25maintain the hydrologic characteristics, and thereby the physical and chemical

1integrity of an entire aquatic ecosystem. Assessment of the hydrologic support
2function shall consider the effects that modifications of a particular area could have
3on the hydrologic relations to the whole wetland or aquatic ecosystem, and on the
4cumulative effects of piecemeal alterations. Evaluation of wetlands hydrologic
5functions shall include consideration of the wetland's location and topographic
6position, the areal extent of the wetland within the associated system, the degree of
7connection with other wetlands and waters of the state, and the hydrologic regime.
8Hydrologic regime refers to the hydrologic characteristics of a wetland such as the
9source of the water, its velocity, depth and fluctuation, renewal rate and temporal
10patterns on timing. The water source determines ionic composition, oxygen
11saturation, and potential pollutant load. Velocity affects turbulence and the ability
12of the water to carry suspended particulate matter. Water depth and fluctuation
13patterns have a critical influence on the vegetation, wildlife, and physical-chemical
14properties of the sediments and overlying waters. Renewal rate describes the
15frequency of replacement of the water which depends on water depth and volume,
16frequency of inundation and velocity. The temporal pattern refers to the frequency
17of inundation and its regularity or predictability. The hydrologic regime of a wetland
18influences the biological availability and transport of nutrients, detritus and other
19organic and inorganic constituents between the particular wetland and other water
20bodies. Other facets of the hydrologic regime may be considered in specific cases.
21The location and topographic position of any particular wetland in relation to other
22water systems determine in part the degree to which they are hydrologically
23connected. The strongest hydrologic connections are likely to occur between
24wetlands and other water systems which exchange water frequently and/or are
25nearest to each other. The areal extent of any particular wetland in relation to the

1total area of the surrounding watershed is an important criterion in evaluating the
2hydrologic support function. This includes the relative spatial relationships between
3specific areas under study and the total area of the adjacent wetland and any open
4water areas in the watershed.
AB756,48,115 2f. `Groundwater function.' Groundwater may discharge to a wetland,
6recharge from a wetland to another area, evaporate from, and/or flow through a
7wetland. The direction and rate of groundwater flow in a given wetland may change.
8The criteria that should be considered for their influence on the recharge potential
9include the total areal extent of wetlands and other waters in the particular drainage
10basin, and the hydrologic characteristics of the associated aquifer or aquifers
11including porosity, permeability and transmissivity.
AB756,48,2412 2i. `Storm and flood water storage.' Some wetlands may be important for
13storing water and retarding flow during periods of flood or storm discharge. Even
14wetlands without surface water connections to other water bodies may serve this
15function. Such wetlands can reduce or at least modify the potentially damaging
16effects of floods by intercepting and retaining water which might otherwise be
17channelled through open flow systems. The importance of a given wetland for storm
18and flood water storage may be modified by the cumulative effects of the proposed
19activities and previous activities within the watershed. The flood storage capacity
20of a particular wetland is primarily a function of its area, basin shape, substrate
21texture and previous degree of saturation. In general, the greater the area of the
22wetland and the coarser the texture of the substrate, the greater the potential for
23flood water storage, given unsaturated field conditions. Similarly, wetland
24vegetation is an important factor in reducing the energy of flood or storm water.
AB756,49,14
12m. `Shoreline protection.' Wetlands also function to dissipate the energy of
2wave motion and runoff surges from storms and snowmelt, and thus lessen the
3effects of shoreline erosion. Wave action shielding by wetlands is not only important
4in preserving shorelines and channels, but also in protecting valuable residential,
5commercial and industrial acreage located adjacent to the aquatic ecosystems. The
6capacity of a particular wetland to act as an erosional buffer for a shoreline depends
7on such factors as the vegetation characteristics, the shape and size of the wetland
8and the adjacent shoreline morphology. The protection of shorelines by wetlands
9depends primarily on the floristic composition, structure and density of the plant
10community. Shoreline morphology along with fetch, adjacent bottom topography
11and wetland vegetation are important considerations in evaluating a wetland for its
12shoreline protection functions. Wetlands along shorelines with long fetches are
13likely to be associated with major waters of the state and shall not be considered for
14use.
AB756,49,2415 2p. `Other watershed functions.' A wetland may perform a variety of other
16important functions within a watershed. Wetlands may degrade, inactivate, or store
17materials such as heavy metals, sediments, nutrients, and organic compounds that
18would otherwise drain into waterways. However, wetlands may subsequently
19release potentially harmful materials if the wetland soil is disturbed or its
20oxidation-reduction conditions altered. Potential alterations of these processes
21must be considered in the analysis, especially with regard to impacts on wetlands
22outside the proposed area of use. In assessing the importance of a particular wetland
23to the performance of watershed functions which influence the physical, chemical
24and biological properties of related waters, the following shall be considered:
AB756,49,2525 a. Density and distribution of plants;
AB756,50,1
1b. Area, depth and basin shape;
AB756,50,22 c. Hydrologic regime;
AB756,50,33 d. Physical, chemical and biological properties of the water and soil;
AB756,50,44 e. Relationship of wetland size to watershed size;
AB756,50,55 f. The number and size of other wetlands remaining in that watershed;
AB756,50,66 g. Topography of the watershed;
AB756,50,87 h. Position of the wetland within the watershed relative to springs, lakes, rivers
8and other waters;
AB756,50,109 i. Land use practices and trends within the watershed, or the likelihood of
10nutrient, sediment or toxin loads increasing.
AB756,50,1811 3. `Recreational, cultural and economic value.' Some wetlands are particularly
12valuable in meeting the demand for recreational areas, directly or indirectly, by
13helping to maintain water quality and providing wildlife habitat. Examples of
14recreational uses include: hunting, canoeing, hiking, snowshoeing, and nature
15study. To some people and cultures certain wetlands provide an important part of
16their economic base and/or contribute to their cultural heritage. In assessing the
17recreational, cultural and economic potential of a particular wetland, the following
18should be considered:
AB756,50,1919 a. Wetland type;
AB756,50,2020 b. Size;
AB756,50,2121 c. Suitability and compatibility for the different types of recreational uses;
AB756,50,2222 d. Legal access.
AB756,50,2323 e. Accessibility without damage to other wetland values or functions;
AB756,50,2424 f. Proximity to users;
AB756,50,2525 g. Position in relation to lakes, rivers and other waters;
AB756,51,2
1h. Whether it provides habitat for or produces species of recreational, cultural
2or economic interest; and
AB756,51,53 i. Whether the products of some wetlands species (e.g., wild rice, furbearers,
4fish) have special cultural value and/or provide a significant portion of the economic
5base for the people of a region.
AB756,51,136 4. `Scarcity of wetland type.' Certain wetland types (e.g., fens, wild rice lakes)
7which are statewide or regionally scarce possess special resource significance.
8Scarcity or rareness depends on the frequency of occurrence of the type, the area of
9the type in existence prior to settlement, the historical conversion of the type and its
10resultant degree of destruction, and the amount of similar habitat in the present
11landscape of the region. In assessing the scarcity of a particular wetland, a
12comparative measure of the commonness among all wetland types and the degree to
13which wetlands of all types occur in the surrounding landscape should be considered.
AB756,51,2214 5. `Aquatic study areas, sanctuaries and refuges.' Through various local, state
15and federal actions, large areas of the nation's wetlands have been designated and
16preserved by public agencies for scientific study, and the protection of aquatic and
17terrestrial habitats. Many public and private groups have also established
18sanctuaries and refuges in wetlands. Wetland areas that are legally and/or
19administratively controlled as such, or that are included or nominated for inclusion
20in the national register of natural landmarks, could be comparatively important.
21Wetland areas of significant social, cultural, or historic value, such as known
22landmarks, are considered important.
AB756,52,523 6. `The ecosystem concept in a regional context.' The previous subsections
24suggest that wetlands may not only have important functions within their
25boundaries, but may also interact with ecosystems of the surrounding region. The

1potential impact of wetland modification may influence distant wetlands if they are
2structurally and functionally related in the region. Similarly, the functions and
3values of any wetland may be affected by other existing and potential water resource
4activities in the region. Therefore, consideration should be given to those impacts
5which are shown to be of regional concern.
AB756,52,96 (h) All wetlands which are to be used by the proposed activity shall be
7inventoried and analyzed pursuant to this chapter. The use of such wetlands shall
8be de minimis and, therefore, exempt from further application of this section, if the
9applicant demonstrates the following by a preponderance of evidence:
AB756,52,1210 1. The wetlands to be used are or can be made to be sufficiently hydrologically
11isolated from the surface and underground waters of the state so that no violations
12of applicable laws and regulations would result;
AB756,52,1413 2. The wetlands are not special or unique utilizing the result of the analysis
14made pursuant to this chapter; and
AB756,52,1515 3. The area of wetlands to be used shall not exceed 5 acres.
AB756,149 16Section 149 . NR 132.17 (13) of the administrative code is amended to read:
AB756,52,2517 NR 132.17 (13) Tailings transport systems, if not buried, should be designed
18to provide for emergency tailings conveyance or storage should a pipeline break,
19plug, freeze or require repairs and be made accessible for inspection, emergency
20repair and maintenance. Location of emergency spill areas must be consistent with
21the prevention of environmental pollution of surface waters and with the standards
22of s. ss. NR 132.06 (4), 132.19 , and 182.07 (2). In the event of a power failure, tailing
23pipelines should be self draining to the tailings area or to an emergency spill area or
24standby pumps and pipelines or standby power should be provided. In some cases
25(e.g., a long pipeline over rough country), several spill areas may have to be provided.
AB756,150
1Section 150. NR 132.18 (1) (f) of the administrative code is amended to read:
AB756,53,32 NR 132.18 (1) (f) Within wetlands, except pursuant to the provisions under s.
3281.36
criteria established in s. NR 132.06 (4).
AB756,151 4Section 151 . NR 182.07 of the administrative code is renumbered NR 182.07
5(1).
AB756,152 6Section 152 . NR 182.07 (2) of the administrative code is created to read:
AB756,53,97 NR 182.07 (2) Any proposal to establish a site or facility shall comply with the
8standards and procedures in s. NR 132.06 (4), relating to the minimization of
9disturbance to wetlands.
AB756,153 10Section 153 . NR 182.08 (2) (d) 8. e. of the administrative code is amended to
11read:
AB756,53,1512 NR 182.08 (2) (d) 8. e. A table shall be provided showing existing water quality
13of all potentially affected surface waters. The table shall include those surface
14waters identified under s. NR 182.07 (1). Important aquatic habitat, such as class
15II trout stream or state scenic river, shall be indicated.
AB756,154 16Section 154. Nonstatutory provisions.
AB756,53,1917 (1) If the department of natural resources has promulgated rules under 2013
18Wisconsin Act 1
, section 103, on or before the effective date of this subsection, the
19department of natural resources shall promulgate rules that do all of the following:
AB756,53,2120 (a) Revise the rules promulgated under 2013 Wisconsin Act 1, section 103 (1)
21(a)
so that those rules apply to ferrous metallic mining.
AB756,53,2422 (b) Revise the rules promulgated under 2013 Wisconsin Act 1, section 103 (1)
23(b)
so that those rules are consistent with the repeal by this act of subch. III of ch.
24295.
AB756,54,3
1(c) Revise the rules promulgated under 2013 Wisconsin Act 1, section 103 (1)
2(c)
so that the exemptions specified in those rules do not apply to ferrous mining and
3associated activities.
AB756,54,94 (2) The department of natural resources shall present the statement of scope
5of the rules required under sub. (1 ) to the governor for approval under s. 227.135 (2)
6no later than the 30th day after the effective date of this subsection. The department
7of natural resources shall submit in proposed form the rules required under sub. (1)
8to the legislative council staff under s. 227.15 (1) no later than the first day of the 5th
9month beginning after the governor approves the statement of scope of the rules.
AB756,54,1010 (End)
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