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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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