LRB-1752/1

ZDW&EHS:cjs

2019 - 2020 LEGISLATURE

2019 Assembly BILL 701

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 An Act to repeal 30.2065 (1) and 30.2065 (2) (title); to renumber and amend 30.2065 (2); and to create 15.347 (23) and 30.2065 (1g) of the statutes; relating to: a general permit for hydrologic restoration projects and creating a hydrologic 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 Section 1 . 15.347 (23) of the statutes is created to read: