AB254: Bill Text

AB254,,28 3. The department may gather, or require a permit holder or applicant to provide, additional wetland delineation data if a complaint is filed with the department alleging inaccuracies in a wetland delineation completed by an assured delineator or if the department finds inaccuracies in a report submitted under par. (b) 3. If the additional data show substantial evidence that a wetland delineation is inaccurate, this additional data may be used for regulatory decision-making, including permitting and exemption decisions under s. 281.36. The department may not modify a permit or exemption decision solely on the basis of additional data gathered under this subdivision.

AB254,,29 4. The department shall give notice to an assured delineator if the department conducts an audit under subd. 1. or an investigation under subd. 2. or 3.

AB254,,30 5. The department may revoke an individual’s certification as an assured delineator by providing to the individual written notice of the revocation and the reason for the revocation if it finds the individual did any of the following, taking into consideration the type and frequency of infractions:

AB254,,31 a. Knowingly took part in an activity that results in the violation of state or federal wetland or waterway laws or regulations.

AB254,,32 b. Knowingly falsified or misrepresented a wetland boundary.

AB254,,33 c. Failed to delineate all wetland resources within a wetland delineation study area.

AB254,,34 d. Misrepresented another’s work as his or her own.

AB254,,35 e. Injured the reputation of another professional wetland delineator through undocumented claims.

AB254,,36 f. Failed to apply standard wetland delineation protocols in line with the wetlands delineation manual described under s. 281.36 (2m) and applicable regional supplements for this state.

AB254,,37 g. Failed to implement the current state of the science, including techniques, methods, and accurate reporting protocols.

AB254,,38 h. Failed to meet continuing education expectations as set by the department.

AB254,,39 i. Failed to submit an average of at least 3 delineation reports annually over the prior 3 years, unless an exception is made by the department for extenuating circumstances.

AB254,,40 j. Failed to submit the annual certification fee under par. (e) 2. on or before March 15 unless the department has granted an extension.

AB254,,41 k. Failed to comply with any other program requirement established by the department by rule.

AB254,,42 6. Any individual who receives notice under subd. 5. that his or her certification as an assured delineator has been revoked is entitled to a contested case hearing under ch. 227 if the individual requests the hearing within 30 days after receiving the notice.

AB254,,43 7. An individual whose certification as an assured delineator is revoked is not precluded from delineating wetlands under sub. (2) (c) or (d).

AB254,,44 (e) Fees. 1. Except as provided under subd. 3., the department shall charge the following fees:

AB254,,45 a. To an applicant under par. (c), an application processing fee of $500 to be submitted with an application.

AB254,,46 b. To an assured delineator, an annual certification fee of $1,200.

AB254,,47 2. Except as provided under subd. 3., the department may charge an assured delineator a filing fee of $20 for each report submitted under par. (b) 3.

AB254,,48 3. The department may promulgate rules to increase the fees specified in subds. 1. and 2. only if the increase is necessary to meet the costs of the department in performing the activities for which the fee is charged.

AB254,3 Section 3. 23.321 (5) (a) of the statutes is amended to read:

AB254,,50 23.321 (5) (a) Except as provided in par. (b), a wetland identification provided by the department under sub. (2) (b) and a wetland confirmation provided by the department under sub. (2) (c) remain effective for 5 years from the date provided by the department. A wetland delineation prepared by an assured delineator under sub. (2d) remains effective for 5 years from the date upon which the wetland delineation report under sub. (2d) (b) 3. is submitted to the department.

AB254,4 Section 4. Nonstatutory provisions.

AB254,,52 (1) The department of natural resources shall consider an individual who is approved or certified as an assured delineator under a pilot program in effect on the effective date of this subsection to be certified as an assured delineator under s. 23.321 (2d).

AB254,,53 (2) Using the procedure under s. 227.24, the department of natural resources may promulgate rules authorized under s. 23.321 (2d) (b) 1. for the period before the effective date of any permanent rules promulgated under s. 23.321 (2d) (b) 1. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until January 1, 2025, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB254,5 Section 5. Initial applicability.

AB254,,55 (1) (a) Except as provided in par. (b), this act first applies to an individual who submits an application under s. 23.321 (2d) (c) on the effective date of this subsection.

AB254,,56 (b) Except for the initial application requirements under s. 23.321 (2d) (c), the remainder of this act first applies to individuals described under Section 4 (1) on the effective date of this subsection.

AB254,,57 (end)