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Please see http://docs.legis.wisconsin.gov for the production version.
This bill eliminates the wetland mitigation grant program (mitigation
program), under which nonprofit organizations may apply to DNR on a rolling basis
for grants to conduct projects to create, restore, or enhance wetlands on DNR land,
using moneys received under the in lieu fee subprogram and from surcharge fees
charged for each application to proceed under a wetland general permit. The bill also
removes DNR's authority under current law to submit a request to ACE that ACE
move up all deadlines relating to its review and approval of wetland mitigation
project proposals under the in lieu fee subprogram and that ACE approve a
modification to the subprogram in order to implement the mitigation program.
Property development grants. The bill eliminates a separate grant program,
funded from the property development and local assistance subprogram of the
Warren Knowles-Gaylord Nelson stewardship 2000 program, under which DNR
makes grants to nonprofit organizations for certain property development activities
relating to wetlands affected by a project under a wetland mitigation grant.
Wetland study council. The bill eliminates the wetland study council, which
under current law is established within DNR to research and provide
recommendations on various issues relating to wetlands.
Shoreland zoning
This bill eliminates the changes to the laws regulating shoreland zoning that
were made under the 2015 biennial budget act, 2015 Wisconsin Act 55.
Current law requires a county to enact shoreland zoning ordinances for all
shorelands in its unincorporated area and requires those ordinances to meet
shoreland zoning standards established by DNR by rule. Current law generally
defines a shoreland to be an area within a specified distance from the edge of a
navigable water.
Act 55 made various changes to the laws regulating shoreland zoning including
the following:
1. Prohibiting a county shoreland zoning ordinance from regulating a matter
more restrictively than the matter is regulated by a shoreland zoning standard
promulgated by DNR.
2. Prohibiting a shoreland zoning ordinance from requiring a person to
establish a vegetative buffer zone on previously developed land or expand an existing
buffer zone.
3. Requiring a shoreland zoning ordinance to allow a vegetative buffer zone to
contain a viewing corridor of at least 35 feet wide for every 100 feet of shoreline

frontage and to allow the corridor to run contiguously for the entire maximum
allowable width.
4. Prohibiting DNR from establishing shoreland zoning standards and
prohibiting counties from enacting shoreland zoning ordinances that regulate
certain outdoor lighting, that regulate certain construction activities with respect to
nonconforming structures, and that impose certain standards for impervious
surfaces.
5. Allowing certain maintenance and repair of nonconforming structures in
shorelands that are accessory structures such as garages, sheds, sidewalks, and
patios.
6. Generally requiring city and village shoreland zoning ordinances that apply
to certain shorelands that were annexed or incorporated by the city or village to be
consistent with the requirements and limitations applicable to county shoreland
zoning ordinances.
7. Prohibiting DNR from appealing a decision of a county to grant or deny a
variance to a law regulating county shoreland zoning.
This bill eliminates the changes to the law made by Act 55 so that the law is
consistent with pre-Act 55 law.
DNR positions
This bill increases moneys appropriated to DNR by $1,672,900 in each fiscal
year of the 2019-21 fiscal biennium for the purpose of increasing educator and
science services positions by the equivalent of 29.4 full-time positions. This funding
was decreased by this amount and these positions were eliminated under 2015
Wisconsin Act 55
.
DOJ positions
The bill appropriates to the Department of Justice $390,800 to fund two
assistant attorneys general and one paralegal for environmental protection
purposes.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB917,1 1Section 1 . 15.347 (22) of the statutes is repealed.
AB917,2 2Section 2 . 20.370 (9) (bm) of the statutes is amended to read:
AB917,8,43 20.370 (9) (bm) Wetland restoration — fees; payments. From the general fund,
4all moneys received as surcharge fees under s. 281.36 (11), all moneys received as
5transfers to the in lieu fee subprogram as provided in s. 281.36 (3s) (h), 2015 stats.,

1and all moneys received under the in lieu fee subprogram under s. 281.36 (3r) (e) for
2the restoration or creation of wetlands, for the wetland mitigation grant program
3under s. 281.37,
and for any other activities authorized under the in lieu fee
4subprogram.
AB917,3 5Section 3 . 20.370 (9) (gh) of the statutes, as affected by 2019 Wisconsin Act 9,
6is amended to read:
AB917,8,117 20.370 (9) (gh) Nonferrous metallic mining Mining regulation and
8administration.
The amounts in the schedule for the administration, regulation, and
9enforcement of nonferrous metallic mining exploration, bulk sampling, prospecting,
10mining and mine reclamation activities under ch. 293. All moneys received under ch.
11293 shall be credited to this appropriation.
AB917,4 12Section 4 . 20.370 (9) (gi) of the statutes, as affected by 2019 Wisconsin Act 9,
13is repealed.
AB917,5 14Section 5 . 20.455 (1) (gh) of the statutes is amended to read:
AB917,8,1815 20.455 (1) (gh) Investigation and prosecution. Moneys received under ss. 23.22
16(9) (c), 49.49 (6), 100.263, 133.16, 281.98 (2), 283.91 (5), 289.96 (3) (b), 291.97 (3),
17292.99 (2), 293.87 (4) (b), 295.19 (3) (b) 2., 295.79 (4) (b), and 299.97 (2), for the
18expenses of investigation and prosecution of violations, including attorney fees.
AB917,6 19Section 6 . 20.566 (7) (e) of the statutes is amended to read:
AB917,8,2220 20.566 (7) (e) Investment and local impact fund supplement. The amounts in
21the schedule to supplement par. (v) for the purposes of ss. 70.395, 293.33 (4), and
22293.65 (5) (a), 295.443, and 295.61 (9) (a) and (c).
AB917,7 23Section 7 . 20.566 (7) (v) of the statutes is amended to read:
AB917,9,224 20.566 (7) (v) Investment and local impact fund. From the investment and local
25impact fund, all moneys received under s. 70.395 (1e) and (2) (dc) and (dg), less the

1moneys appropriated under s. 20.370 (4) (gr), to be disbursed under ss. 70.395 (2) (d)
2to (g), 293.33 (4), and 293.65 (5) (a), 295.443, and 295.61 (9) (a) and (c).
AB917,8 3Section 8 . 23.0917 (4) (c) 3. of the statutes is amended to read:
AB917,9,44 23.0917 (4) (c) 3. Grants under ss. s. 23.098 and 23.099.
AB917,9 5Section 9 . 23.099 of the statutes is repealed.
AB917,10 6Section 10 . 23.321 (1) (intro.) and (b) of the statutes are consolidated,
7renumbered 23.321 (1) and amended to read:
AB917,9,98 23.321 (1) Definition. In this section: (b) “Wetland”, “ wetland” has the
9meaning given in s. 23.32 (1).
AB917,11 10Section 11 . 23.321 (1) (am) of the statutes is repealed.
AB917,12 11Section 12 . 23.321 (2) (d) of the statutes is repealed.
AB917,13 12Section 13 . 23.321 (2g) of the statutes is repealed.
AB917,14 13Section 14 . 23.321 (4) (a) 3. of the statutes is amended to read:
AB917,9,1614 23.321 (4) (a) 3. Provide a wetland confirmation not later than 60 days after
15a person files a request, in the manner and form required by the department, for a
16wetland confirmation under sub. (2) (c).
AB917,15 17Section 15 . 23.321 (4) (a) 4. of the statutes is repealed.
AB917,16 18Section 16 . 23.321 (5) (a) of the statutes is renumbered 23.321 (5) and
19amended to read:
AB917,9,2320 23.321 (5) Except as provided in par. (b), a A wetland identification provided
21by the department under sub. (2) (b) and a wetland confirmation provided by the
22department under sub. (2) (c) remain effective for 5 years from the date provided by
23the department.
AB917,17 24Section 17 . 23.321 (5) (b) of the statutes is repealed.
AB917,18 25Section 18 . 29.604 (4) (intro.) of the statutes is amended to read:
AB917,10,2
129.604 (4) Prohibition. (intro.) Except as provided in subs. sub (6r) and (7m)
2or as permitted by departmental rule or permit:
AB917,19 3Section 19 . 29.604 (4) (c) (intro.) of the statutes is amended to read:
AB917,10,84 29.604 (4) (c) (intro.) No person may do any of the following to any wild plant
5of an endangered or threatened species that is on public property or on property that
6he or she does not own or lease, except in the course of forestry or agricultural
7practices, or in the construction, operation, or maintenance of a utility facility, or as
8part of bulk sampling activities under s. 295.45
:
AB917,20 9Section 20 . 29.604 (7m) of the statutes is repealed.
AB917,21 10Section 21 . 30.025 (1e) (a) of the statutes is amended to read:
AB917,10,1311 30.025 (1e) (a) Except as provided in pars. par. (b) and (c), this section applies
12to a proposal to construct a utility facility if the utility facility is required to obtain,
13or give notification of the wish to proceed under, one or more permits.
AB917,22 14Section 22 . 30.025 (1e) (c) of the statutes is repealed.
AB917,23 15Section 23 . 30.133 (2) of the statutes is amended to read:
AB917,10,2116 30.133 (2) This section does not apply to riparian land located within the
17boundary of any hydroelectric project licensed or exempted by the federal
18government, if the conveyance is authorized under any license, rule or order issued
19by the federal agency having jurisdiction over the project. This section does not apply
20to riparian land that is associated with an approval required for bulk sampling or
21mining that is required under subch. III of ch. 295.
AB917,24 22Section 24 . 31.23 (3) (e) of the statutes is repealed.
AB917,25 23Section 25 . 32.02 (12) of the statutes is amended to read:
AB917,11,224 32.02 (12) Any person operating a plant which creates waste material which,
25if released without treatment would cause stream pollution, for the location of

1treatment facilities. This subsection does not apply to a person with a permit under
2ch. 293 or subch. III of ch. 295.
AB917,26 3Section 26 . 59.692 (1) (bn) of the statutes is amended to read:
AB917,11,74 59.692 (1) (bn) “Shoreland setback area" means an area in a shoreland that is
5within a certain distance of the ordinary high-water mark in which the construction
6or placement of buildings or structures has been limited or prohibited under an
7ordinance enacted under this section.
AB917,27 8Section 27 . 59.692 (1) (e) of the statutes is repealed.
AB917,28 9Section 28 . 59.692 (1c) of the statutes is renumbered 59.692 (1m).
AB917,29 10Section 29 . 59.692 (1d) of the statutes is repealed.
AB917,30 11Section 30 . 59.692 (1f) of the statutes is repealed.
AB917,31 12Section 31 . 59.692 (1k) of the statutes is repealed.
AB917,32 13Section 32 . 59.692 (1u) of the statutes is created to read:
AB917,11,1914 59.692 (1u) (a) Restrictions that are applicable to damaged or destroyed
15nonconforming structures and that are contained in an ordinance enacted under this
16section may not prohibit the restoration of a nonconforming structure if the structure
17will be restored to the size, subject to par. (b), location, and use that it had
18immediately before the damage or destruction occurred or impose any limits on the
19costs of the repair, reconstruction, or improvement if all of the following apply:
AB917,11,2120 1. The nonconforming structure was damaged or destroyed after October 14,
211997.
AB917,11,2322 2. The damage or destruction was caused by violent wind, vandalism, fire,
23flood, ice, snow, mold, or infestation.
AB917,12,224 (b) An ordinance enacted under this section to which par. (a) applies shall allow
25for the size of a structure to be larger than the size it was immediately before the

1damage or destruction if necessary for the structure to comply with applicable state
2or federal requirements.
AB917,33 3Section 33 . 59.692 (2m) of the statutes is repealed and recreated to read:
AB917,12,44 59.692 (2m) (a) In this subsection:
AB917,12,75 1. “Development regulations" means the part of a shoreland zoning ordinance
6enacted under this section that applies to elements including setback, height, lot
7coverage, and side yard.
AB917,12,118 2. “Nonconforming structure" means a dwelling or other building that existed
9lawfully before the current shoreland zoning ordinance was enacted or amended, but
10that does not conform with one or more of the development regulations in the current
11shoreland zoning ordinance.
AB917,12,1312 (b) A county may not enact, and a county, city, or village may not enforce, a
13provision in a county shoreland zoning ordinance that does any of the following:
AB917,12,1714 1. Regulates the location, maintenance, expansion, replacement, repair, or
15relocation of a nonconforming structure if that provision is more restrictive than the
16shoreland zoning standards for nonconforming structures promulgated by the
17department under this section.
AB917,12,2018 2. Regulates the construction of a structure or building on a substandard lot
19if that provision is more restrictive than the shoreland zoning standards for
20substandard lots promulgated by the department under this section.
AB917,34 21Section 34 . 59.692 (4) (b) of the statutes is amended to read:
AB917,13,222 59.692 (4) (b) Variances and appeals regarding shorelands within a county are
23for the board of adjustment for that county under s. 59.694, and the procedures of
24that section apply. Notwithstanding s. 59.694 (4), the department may not appeal
25a decision of the county to grant or deny a variance under this section but may, upon

1the request of a county board of adjustment, issue an opinion on whether a variance
2should be granted or denied.
AB917,35 3Section 35 . 59.692 (5m) of the statutes is repealed.
AB917,36 4Section 36 . 61.353 (3) (intro.) of the statutes is amended to read:
AB917,13,75 61.353 (3) (intro.) A village ordinance enacted under this section shall accord
6and be consistent with the requirements and limitations under s. 59.692 (1d), (1f),
7and (1k) and shall
include at least all of the following provisions:
AB917,37 8Section 37 . 61.353 (3) (c) of the statutes is created to read:
AB917,13,129 61.353 (3) (c) 1. A provision requiring a person who owns shoreland property
10that contains vegetation to maintain that vegetation in a vegetative buffer zone
11along the entire shoreline of the property and extending 35 feet inland from the
12ordinary high-water mark of the navigable water, except as provided in subd. 2.
AB917,13,1613 2. If the vegetation in a vegetative buffer zone contains invasive species or dead
14or diseased vegetation, the owner of the shoreland property may remove the
15vegetation, except that if the owner removes all of the vegetation in the vegetative
16buffer zone, the owner shall establish a vegetative buffer zone with new vegetation.
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