LRB-1724/1

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2021 - 2022 LEGISLATURE

2021 Assembly BILL 85

February 18, 2021 - Introduced by Representatives Oldenburg, Steineke, Billings, Cabrera, Doyle, Edming, Kitchens, Krug, Loudenbeck, B. Meyers, Milroy, Moses, Mursau, Novak, Rozar, Skowronski, Subeck, Tauchen, Thiesfeldt, Tusler and Spreitzer, cosponsored by Senators Cowles, Bewley, Feyen, Petrowski, Ringhand, Testin and Wirch. Referred to Committee on Environment.

AB85,1,4 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:

AB85,1 Section 1 . 15.347 (23) of the statutes is created to read:

AB85,2,2 15.347 (23) Hydrologic restoration and management advisory council.

AB85,2,12 (a) There is created in the department of natural resources a hydrologic restoration and management advisory council consisting of no fewer than 7 and no more than 15 members appointed by the secretary of natural resources. The secretary shall, as feasible, appoint members who represent entities such as local governments and state and federal agencies with shared regulatory jurisdiction or programmatic priorities; tribal partners; and academic, nongovernmental, and private sector partners. The secretary shall appoint members with diverse expertise in policies and practices relevant to the functions of the council, such as wetland, stream, and watershed restoration; floodplain management and hydrology; fluvial geomorphology; and hydrogeology.

AB85,2,14 (b) The hydrologic restoration and management advisory council shall do all of the following:

AB85,2,18 1. Provide input on the terms, conditions, and implementation of policies related to the review of hydrologic restoration and management projects, including the general permit for hydrologic restoration and management issued under s. 30.2065 (1g).

AB85,2,20 2. Create a forum to help increase and improve interagency coordination on the review of proposals to reconnect streams and floodplains.