SB368-ASA1, s. 23 6Section 23. 30.28 (1) (b) of the statutes is created to read:
SB368-ASA1,7,87 30.28 (1) (b) For authorization to proceed under a general permit issued under
8s. 30.206, the application fee shall be $300.
SB368-ASA1, s. 24 9Section 24. 30.28 (1m) of the statutes is created to read:
SB368-ASA1,7,1210 30.28 (1m) Additional fees. (a) In addition to the fees required under sub. (1),
11the department may set and charge fees for making any of the following
12determinations:
SB368-ASA1,7,1313 1. An identification of an ordinary high-water mark.
SB368-ASA1,7,1414 2. A determination of navigability.
SB368-ASA1,7,1715 3. Any other determination that is necessary for reviewing, investigating, or
16making a decision on applications for permits, contracts, authorizations, or other
17approvals under this chapter.
SB368-ASA1,7,1918 (b) The department shall set each fee authorized under this subsection in the
19amount that is necessary to meet the costs incurred by the department.
SB368-ASA1, s. 25 20Section 25. 30.28 (2) (title) of the statutes is repealed.
SB368-ASA1, s. 26 21Section 26. 30.28 (2) (a) (intro.) of the statutes is repealed.
SB368-ASA1, s. 27 22Section 27. 30.28 (2) (a) 1. of the statutes is repealed.
SB368-ASA1, s. 28 23Section 28. 30.28 (2) (a) 2. of the statutes is repealed.
SB368-ASA1, s. 29 24Section 29. 30.28 (2) (a) 3. of the statutes is repealed.
SB368-ASA1, s. 30 25Section 30. 30.28 (2) (b) 1. of the statutes is renumbered 30.28 (1) (c).
SB368-ASA1, s. 31
1Section 31. 30.28 (2) (b) 2. of the statutes is renumbered 30.28 (1) (d).
SB368-ASA1, s. 32 2Section 32. 30.28 (2m) (a) of the statutes is amended to read:
SB368-ASA1,8,83 30.28 (2m) (a) The department shall refund a permit or approval fee charged
4under sub. (1) (a)
if the applicant requests a refund before the department
5determines that the application for the permit or approval is complete. Except as
6provided in par. (am), the department may not refund a permit or approval fee after
7the department determines that the application is complete unless required to do so
8under a rule promulgated under s. 299.05
.
SB368-ASA1, s. 33 9Section 33. 30.28 (2m) (am) of the statutes is amended to read:
SB368-ASA1,8,1210 30.28 (2m) (am) The department shall refund 50% of the fee specified in sub.
11(2) (b) 1. (1) (c) if the department denies an application for a general permit under
12s. 30.207 (3) (d) 1. or does not issue a general permit under s. 30.207 (6).
SB368-ASA1, s. 34 13Section 34. 30.28 (2m) (b) of the statutes is amended to read:
SB368-ASA1,8,1814 30.28 (2m) (b) If the applicant applies for a permit, requests an approval, or
15submits a notice under s. 30.207 (7)
a person applies for a permit or otherwise seeks
16authorization or gives notice for a project or activity
after the project or activity is
17begun or after it is completed, the department shall charge an amount equal to twice
18the amount of the fee that it would have charged under this section.
SB368-ASA1, s. 35 19Section 35. 30.28 (2m) (c) of the statutes is repealed.
SB368-ASA1, s. 36 20Section 36. 30.28 (2m) (d) of the statutes is amended to read:
SB368-ASA1,8,2521 30.28 (2m) (d) The department, by rule, may increase any fee specified in sub.
22(2) (a). The department, by rule, may increase a fee specified in sub. (2) (b) (1) or (1m)
23only if the increase is necessary to meet the costs incurred by the department in
24acting on general permits or on notices submitted under s. 30.207 performing the
25activities for which the fee is charged
.
SB368-ASA1, s. 37
1Section 37. 30.28 (2r) (a) (intro.) of the statutes is amended to read:
SB368-ASA1,9,42 30.28 (2r) (a) (intro.) The department, by rule, may charge a supplemental fee
3for a permit or, contract, authorization, other approval, or determination that is in
4addition to the fee charged under this section if all of the following apply:
SB368-ASA1, s. 38 5Section 38. 30.28 (2r) (a) 1. of the statutes is amended to read:
SB368-ASA1,9,96 30.28 (2r) (a) 1. The applicant requests in writing that the permit or, approval
7authorization, or determination be issued or the contract be granted within a time
8period that is shorter than the time limit under the rule promulgated under par. (b)
9for that type of permit or, contract, authorization, approval, or determination.
SB368-ASA1, s. 39 10Section 39. 30.28 (2r) (b) of the statutes is amended to read:
SB368-ASA1,9,1411 30.28 (2r) (b) If the department promulgates a rule under par. (a), the rule shall
12contain a time limit for each type of permit or, contract, authorization, approval
13classified under sub. (2) (a) for determining whether the department will grant the
14permit or approval
, or determination.
SB368-ASA1, s. 40 15Section 40. 31.39 (2m) (c) of the statutes is repealed.
SB368-ASA1, s. 41 16Section 41. 227.01 (13) (ru) of the statutes is created to read:
SB368-ASA1,9,1717 227.01 (13) (ru) Is a wetland general permit issued under s. 281.36 (3g).
SB368-ASA1, s. 42 18Section 42. 281.165 (4) (a) 1m. of the statutes, as created by 2011 Wisconsin
19Act 6
, is amended to read:
SB368-ASA1,9,2220 281.165 (4) (a) 1m. The wetland area is a nonfederal wetland,as defined in s.
21281.36 (1) (c)
not subject to federal jurisdiction under 33 USC 1344, and the activity
22will affect less than 3 acres of that wetland area.
SB368-ASA1, s. 43 23Section 43. 281.17 (10) (c) of the statutes is created to read:
SB368-ASA1,9,2524 281.17 (10) (c) This subsection does not apply to discharges into wetlands that
25are subject to regulation under s. 281.36.
SB368-ASA1, s. 44
1Section 44. 281.22 (title) of the statutes is renumbered 281.36 (12) (title) and
2amended to read:
SB368-ASA1,10,43 281.36 (12) (title) Fees Application fees and time limits for water quality
4determinations for wetlands
.
SB368-ASA1, s. 45 5Section 45. 281.22 (1) of the statutes is repealed.
SB368-ASA1, s. 46 6Section 46. 281.22 (2) (title) of the statutes is renumbered 281.36 (12) (c)
7(title).
SB368-ASA1, s. 47 8Section 47. 281.22 (2) (a) of the statutes is renumbered 281.36 (12) (c) 1. and
9amended to read:
SB368-ASA1,10,1510 281.36 (12) (c) 1. The department shall refund the an application fee charged
11for a wetland individual permit under par. (a)
if the applicant requests a refund
12before the department determines that the application for the determination is
13complete. The department may not refund a fee after the department determines
14that the application is complete unless required to do so under a rule promulgated
15under s. 299.05
.
SB368-ASA1, s. 48 16Section 48. 281.22 (2) (b) of the statutes is renumbered 281.36 (12) (c) 2. and
17amended to read:
SB368-ASA1,10,2218 281.36 (12) (c) 2. If the applicant applies for a permit after the project submits
19an application for authorization to proceed under a wetland general or a wetland
20individual permit after the discharge
is begun or after it is completed, the
21department shall charge an amount equal to twice the amount of the fee that it would
22have charged under this section.
SB368-ASA1, s. 49 23Section 49. 281.22 (2) (c) of the statutes is repealed.
SB368-ASA1, s. 50 24Section 50. 281.22 (2) (d) of the statutes is renumbered 281.36 (12) (c) 3. and
25amended to read:
SB368-ASA1,11,3
1281.36 (12) (c) 3. The department, by rule, may increase the fee specified in sub.
2(1) par. (a) only if the increase is necessary to meet the costs of the department in
3performing the activities for which the fee is charged
.
SB368-ASA1, s. 51 4Section 51. 281.22 (2m) (title) of the statutes is renumbered 281.36 (12) (d)
5(title).
SB368-ASA1, s. 52 6Section 52. 281.22 (2m) (a) (intro.) of the statutes is renumbered 281.36 (12)
7(d) 1. (intro.) and amended to read:
SB368-ASA1,11,108 281.36 (12) (d) 1. (intro.) The department, by rule, may charge a supplemental
9fee for a determination under sub. (1) that is in addition to the a fee charged under
10sub. (1) this subsection if all of the following apply:
SB368-ASA1, s. 53 11Section 53. 281.22 (2m) (a) 1. of the statutes is renumbered 281.36 (12) (d) 1.
12a. and amended to read:
SB368-ASA1,11,1513 281.36 (12) (d) 1. a. The applicant requests in writing that the determination
14decision on the application be issued within a time period that is shorter than the
15time limit promulgated under par. (b) subd. 2. for the determination decision.
SB368-ASA1, s. 54 16Section 54. 281.22 (2m) (a) 2. of the statutes is renumbered 281.36 (12) (d) 1.
17b.
SB368-ASA1, s. 55 18Section 55. 281.22 (2m) (b) of the statutes is renumbered 281.36 (12) (d) 2. and
19amended to read:
SB368-ASA1,11,2220 281.36 (12) (d) 2. If the department promulgates a rule under par. (a) subd. 1.,
21the rule shall contain for a time limit for making determinations under sub. (1)
22decisions on the application.
SB368-ASA1, s. 56 23Section 56. 281.22 (3) of the statutes is renumbered 281.36 (12) (e) and
24amended to read:
SB368-ASA1,12,2
1281.36 (12) (e) Exemptions from fees. Subsections (1), (2) and (2m) Paragraphs
2(a), (b), (c), and (d)
do not apply to any federal agency or state agency.
SB368-ASA1, s. 57 3Section 57. 281.22 (4) of the statutes is repealed.
SB368-ASA1, s. 58 4Section 58. 281.36 (title) of the statutes is repealed and recreated to read:
SB368-ASA1,12,5 5281.36 (title) Permits for discharges into wetlands; mitigation.
SB368-ASA1, s. 59 6Section 59. 281.36 (1) (am) of the statutes is repealed.
SB368-ASA1, s. 60 7Section 60. 281.36 (1) (bd) of the statutes is created to read:
SB368-ASA1,12,98 281.36 (1) (bd) "Fill material" has the meaning given in 33 CFR 323.2 (e), as
9the meaning exists on the effective date of this paragraph .... [LRB inserts date].
SB368-ASA1, s. 61 10Section 61. 281.36 (1) (bg) of the statutes is repealed.
SB368-ASA1, s. 62 11Section 62. 281.36 (1) (bj) of the statutes is created to read:
SB368-ASA1,12,1312 281.36 (1) (bj) "Mitigation" means the restoration, enhancement, creation, or
13preservation of wetlands to compensate for adverse impacts to other wetlands.
SB368-ASA1, s. 63 14Section 63. 281.36 (1) (c) and (cm) of the statutes are repealed.
SB368-ASA1, s. 64 15Section 64. 281.36 (1) (cp) of the statutes is created to read:
SB368-ASA1,12,1916 281.36 (1) (cp) "Practicable" means reasonably available and capable of being
17implemented after taking into consideration cost, site availability, available
18technology, logistics, and proximity to the proposed project site, in light of the overall
19purpose and scope of the project.
SB368-ASA1, s. 65 20Section 65. 281.36 (1) (cr) of the statutes is repealed.
SB368-ASA1, s. 66 21Section 66. 281.36 (1m) of the statutes is repealed.
SB368-ASA1, s. 67 22Section 67. 281.36 (2) (title) of the statutes is repealed.
SB368-ASA1, s. 68 23Section 68. 281.36 (2) (a) of the statutes is renumbered 281.36 (3b) (b) and
24amended to read:
SB368-ASA1,13,10
1281.36 (3b) (b) No person may discharge dredged material or fill material into
2a nonfederal wetland unless the discharge is authorized by a water quality
3certification
wetland general permit or individual permit issued by the department
4under this section or the discharge is exempt under sub. (4). No person may violate
5any condition imposed by the department in a water quality certification contained
6in a wetland general or individual permit issued by the department
under this
7section. The department may not issue a water quality certification wetland general
8or individual permit
under this section unless it determines that the discharge
9authorized pursuant to the wetland general or individual permit will comply with all
10applicable water quality standards.
SB368-ASA1, s. 69 11Section 69. 281.36 (2) (b) of the statutes is repealed.
SB368-ASA1, s. 70 12Section 70. 281.36 (3) of the statutes is renumbered 281.36 (2m) and amended
13to read:
SB368-ASA1,14,514 281.36 (2m) Delineation procedures. For purposes of delineating the
15boundary of a nonfederal wetland, the department and the person who is applying
16for or who holds a water quality certification under this section shall use
under this
17section,
the procedures contained in the wetlands delineation manual published by
18the U.S. army corps of engineers shall be used. The edition of the manual that shall
19be used shall be the 1987 edition of the manual and any document that the U.S. army
20corps of engineers issues interpreting that manual, unless the U.S. army corps of
21engineers publishes an edition of the manual after January 9, 2001, and the
22department by rule designates that edition as the one to be used under this
23subsection. If the U.S. army corps of engineers issues a guidance document
24interpreting the edition of the wetlands delineation manual that the department is
25required to use under this subsection and if that guidance document is issued after

1May 8, 2001, the department shall notify the appropriate standing committee of each
2house of the legislature, as determined by the speaker of the assembly and the
3president of the senate, of the issuance of the guidance document and whether the
4department intends to promulgate a rule incorporating the provisions of the
5guidance document.
SB368-ASA1, s. 71 6Section 71. 281.36 (3b) (title) of the statutes is created to read:
SB368-ASA1,14,77 281.36 (3b) (title) Permit required.
SB368-ASA1, s. 72 8Section 72. 281.36 (3b) (a) of the statutes is created to read:
SB368-ASA1,14,119 281.36 (3b) (a) For purposes of this section, a wetland general or individual
10permit issued by the department constitutes water quality certification as required
11by 33 USC 1341 (a).
SB368-ASA1, s. 73 12Section 73. 281.36 (3g) (title) of the statutes is created to read:
SB368-ASA1,14,1313 281.36 (3g) (title) Wetland general permits.
SB368-ASA1, s. 74 14Section 74. 281.36 (3g) (a) of the statutes is created to read:
SB368-ASA1,14,1615 281.36 (3g) (a) Required permits. The department shall issue a wetland
16general permit for each of the following types of discharges:
SB368-ASA1,14,1917 1. A discharge that is necessary for the treatment or disposal of hazardous
18waste or toxic pollutants, if the discharge does not contain hazardous waste or toxic
19pollutants and does not affect more than 2 acres of wetland.
SB368-ASA1,14,2120 2. A discharge that is necessary for temporary access and dewatering, if the
21discharge does not affect more than 2 acres of wetland.
SB368-ASA1,14,2322 3. A temporary or permanent discharge for routine utility construction and
23maintenance projects and activities.
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