2011 - 2012 LEGISLATURE
SENATE AMENDMENT 13,
TO 2011 SENATE BILL 368
February 14, 2012 - Offered by Senators C. Larson, King, Carpenter, T. Cullen,
S. Coggs, Wirch, Shilling, Risser, Miller, Vinehout, Taylor, Holperin and
64. Page 24, line 13
: after "wetland." insert "As part of the preapplication 7
meeting, the department shall identify and establish the scope of the analysis of 8
practicable alternatives that will be required.".
Page 24 line 20: after "consequences." insert "The application shall also 2
include a description of the proposed mitigation method as required under sub. (3r)".
39. Page 27, line 17
: after "sub. (3m) (b)." insert "The department shall limit the 4
scope of the practicable alternatives that will be considered and shall determine 5
which possible alternatives are practicable in a manner that is consistent with the 6
memorandum of understanding entered into between the U.S. environmental 7
protection agency and the U.S. army corps of engineers relating to the level of 8
analysis required for evaluating compliance with 1333 USC 1344b
that is in effect 9
on the effective date of this paragraph .... [LRB inserts date]. In order for an 10
alternative that would be implemented at a site that is not owned by the applicant 11
at the time the application is submitted and that would be located more than 12
one-half mile from the discharge to be considered practicable, the applicant must be 13
reasonably able to acquire, expand into, or otherwise manage the site in a manner 14
that will fulfill the basic purpose of the proposed discharge or the proposed project 15
of which the proposed discharge would be a part.".
"(am) Standards for issuing permits.
The department shall make a finding that 23
a proposed project causing a discharge is in compliance with water quality standards
and that a wetland individual permit may be issued if the department determines 2
that all of the following requirements are met:
1. The proposed project represents the least environmentally damaging 4
practicable alternative taking into consideration practicable alternatives that avoid 5
2. All practicable measures to minimize the adverse impacts to wetland 7
functional values will be taken.
3. The proposed project will not result in significant adverse impact to wetland 9
functional values, in significant adverse impact to water quality, or in other 10
significant adverse environmental consequences.".
"(b) Factors to be used.
In making a determination that the requirement under 13
par. (am) 3. is met, the department shall consider all of the following factors:".
"4m. The impact that any mitigation required under sub. (3r) will cause to the 16
functional values of the wetlands that are located in the watershed in which the 17
discharge will occur.
5m. The net positive or negative environmental impact of the proposed project 19
on the watershed in which the discharge will occur.".
2118. Page 31, line 18
: after "discharge." insert "The ratios shall include 22
incentives for mitigation that will be located in the same watershed in which the 23
discharge will occur or that will replace the wetland types and functions that are 24
most needed in the watershed in which the discharge will occur.".
281.37 (5) (title) of the statutes is renumbered 281.36 (14) 3
281.36 (14) (b) and (c) of the statutes are created to read:
(b) The report under par. (a) shall include all of the following:
1. The number of preapplication meetings held during the previous 2-year 11
period and a report on the results of these meetings.
2. A summary of the types of discharges that were approved during the 13
previous 2-year period. The summary shall specify the locations of the discharges 14
and the types of projects involved.
3. A summary of the mitigation performed during the previous 2-year period. 16
The summary shall include a description of mitigation projects approved, 17
accomplished, and monitored during the 2-year period.
4. The number of wetland individual permits denied in the previous 2-year 19
period and a summary of the reasons for the denials.
5. An accounting covering the previous 2-year period showing the amounts 21
credited to, the amounts appropriated from, and the balance in the appropriation 22
under s. 20.370 (4) (bm).
(c) The information under par. (b) 1. to 5. will be required beginning with the 2
report that is due no later than January 31, 2015.".