Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB253 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	LRB-2722/1
2	2	ZDW:skw
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 253
5	5	May 8, 2023 - Introduced by Representatives MURSAU, BEHNKE, S. JOHNSON,
6	6	KITCHENS and O'CONNOR, cosponsored by Senator COWLES. Referred to
7	7	Committee on Environment.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to amend 281.36 (3r) (e) of the statutes; relating to: public access to
10	10	wetlands benefitting from the in lieu fee subprogram.
11	11	Analysis by the Legislative Reference Bureau
12	12	This bill eliminates the requirement that wetlands that benefit from the in lieu
13	13	fee subprogram administered by the Department of Natural Resources be open to the
14	14	public. The bill also provides that, in determining projects that benefit from the
15	15	subprogram, DNR must, to the extent practicable, ensure that there is no net loss of
16	16	public access to wetlands.
17	17	Under current law, DNR must issue wetland general permits for discharges of
18	18	dredged or fill material into certain wetlands and may require a person to apply for
19	19	and obtain a wetland individual permit if DNR determines that conditions specific
20	20	to the site require additional restrictions on the discharge in order to provide
21	21	reasonable assurance that no significant adverse impacts to wetland functional
22	22	values will occur. Under current law, before DNR may issue a wetland individual
23	23	permit, it must require the restoration, enhancement, creation, or preservation of
24	24	other wetlands to compensate for adverse impacts to a wetland resulting from the
25	25	discharge, also known as mitigation.
26	26	Under current law, one method by which wetland mitigation may be
27	27	accomplished is participating in the in lieu fee subprogram. Under this subprogram,
28	28	1
29	29	2 - 2 -2023 - 2024 Legislature LRB-2722/1
30	30	ZDW:skw
31	31	ASSEMBLY BILL 253
32	32	payments are made to DNR or another entity for the purposes of improving or
33	33	preserving wetlands or other water resource features.
34	34	The people of the state of Wisconsin, represented in senate and assembly, do
35	35	enact as follows:
36	36	SECTION 1. 281.36 (3r) (e) of the statutes is amended to read:
37	37	281.36 (3r) (e) As part of the mitigation program established under par. (a), the
38	38	department shall establish an in lieu fee subprogram, under which payments are
39	39	made to the department or another entity for the purposes of restoring, enhancing,
40	40	creating, or preserving wetlands or other water resource features. The subprogram
41	41	must be approved by the U.S. army corps of engineers. The department shall
42	42	establish requirements for calculating the in lieu fee payments. Under the in lieu
43	43	fee subprogram, the wetlands that benefit from the subprogram shall may be open
44	44	to the public for hunting, fishing, trapping, cross-country skiing, or hiking or any
45	45	combination thereof, but. In determining approved mitigation projects that benefit
46	46	from the subprogram, the department shall, to the extent practicable, ensure that
47	47	there is no net loss of public access to wetlands. If the wetlands that benefit from the
48	48	subprogram are open to the public, the department may establish reasonable
49	49	restrictions on the use of the land by the public in order to protect public safety or
50	50	to protect a unique plant or animal community. The subprogram shall be consistent
51	51	with federal regulations.
52	52	(END)
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