Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB255 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	Date of enactment: March 14, 2024
2		-	2023 Senate Bill 255 Date of publication*: March 15, 2024
3		-	2023 WISCONSIN ACT 111
4		-	AN ACT to amend 281.36 (3r) (e) of the statutes; relating to: public access to wetlands benefitting from the in lieu
5		-	fee subprogram.
6		-	The people of the state of Wisconsin, represented in
7		-	senate and assembly, do enact as follows:
8		-	SECTION 1. 281.36 (3r) (e) of the statutes is amended
9		-	to read:
10		-	281.36 (3r) (e) As part of the mitigation program
11		-	established under par. (a), the department shall establish
12		-	an in lieu fee subprogram, under which payments are
13		-	made to the department or another entity for the pur-
14		-	poses of restoring, enhancing, creating, or preserving
15		-	wetlands or other water resource features. The subpro-
16		-	gram must be approved by the U.S. army corps of engi-
17		-	neers. The department shall establish requirements for
18		-	calculating the in lieu fee payments. Under the in lieu
19		-	fee subprogram, the wetlands that benefit from the sub-
20		-	program shall may be open to the public for hunting,
21		-	fishing, trapping, cross−country skiing, or hiking or any
22		-	combination thereof, but. In determining approved mit-
23		-	igation projects that benefit from the subprogram, the
24		-	department shall, to the extent practicable, ensure that
25		-	there is no net loss of public access to wetlands. If the
26		-	wetlands that benefit from the subprogram are open to
27		-	the public, the department may establish reasonable
28		-	restrictions on the use of the land by the public in order
29		-	to protect public safety or to protect a unique plant or
30		-	animal community. The subprogram shall be consistent
31		-	with federal regulations.
32		-	* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
33		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”
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	2	+	ZDW:skw
	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 SENATE BILL 255
	5	+	April 20, 2023 - Introduced by Senator COWLES, cosponsored by Representatives
	6	+	MURSAU, BEHNKE, S. JOHNSON, KITCHENS and O'CONNOR. Referred to
	7	+	Committee on Natural Resources and Energy.
	8	+	AN ACT to amend 281.36 (3r) (e) of the statutes; relating to: public access to
	9	+	wetlands benefitting from the in lieu fee subprogram.
	10	+	Analysis by the Legislative Reference Bureau
	11	+	This bill eliminates the requirement that wetlands that benefit from the in lieu
	12	+	fee subprogram administered by the Department of Natural Resources be open to the
	13	+	public. The bill also provides that, in determining projects that benefit from the
	14	+	subprogram, DNR must, to the extent practicable, ensure that there is no net loss of
	15	+	public access to wetlands.
	16	+	Under current law, DNR must issue wetland general permits for discharges of
	17	+	dredged or fill material into certain wetlands and may require a person to apply for
	18	+	and obtain a wetland individual permit if DNR determines that conditions specific
	19	+	to the site require additional restrictions on the discharge in order to provide
	20	+	reasonable assurance that no significant adverse impacts to wetland functional
	21	+	values will occur. Under current law, before DNR may issue a wetland individual
	22	+	permit, it must require the restoration, enhancement, creation, or preservation of
	23	+	other wetlands to compensate for adverse impacts to a wetland resulting from the
	24	+	discharge, also known as mitigation.
	25	+	Under current law, one method by which wetland mitigation may be
	26	+	accomplished is participating in the in lieu fee subprogram. Under this subprogram,
	27	+	1
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	30	+	SENATE BILL 255
	31	+	payments are made to DNR or another entity for the purposes of improving or
	32	+	preserving wetlands or other water resource features.
	33	+	The people of the state of Wisconsin, represented in senate and assembly, do
	34	+	enact as follows:
	35	+	SECTION 1. 281.36 (3r) (e) of the statutes is amended to read:
	36	+	281.36 (3r) (e) As part of the mitigation program established under par. (a), the
	37	+	department shall establish an in lieu fee subprogram, under which payments are
	38	+	made to the department or another entity for the purposes of restoring, enhancing,
	39	+	creating, or preserving wetlands or other water resource features. The subprogram
	40	+	must be approved by the U.S. army corps of engineers. The department shall
	41	+	establish requirements for calculating the in lieu fee payments. Under the in lieu
	42	+	fee subprogram, the wetlands that benefit from the subprogram shall may be open
	43	+	to the public for hunting, fishing, trapping, cross-country skiing, or hiking or any
	44	+	combination thereof, but. In determining approved mitigation projects that benefit
	45	+	from the subprogram, the department shall, to the extent practicable, ensure that
	46	+	there is no net loss of public access to wetlands. If the wetlands that benefit from the
	47	+	subprogram are open to the public, the department may establish reasonable
	48	+	restrictions on the use of the land by the public in order to protect public safety or
	49	+	to protect a unique plant or animal community. The subprogram shall be consistent
	50	+	with federal regulations.
	51	+	(END)
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