AB 818

This bill requires the Department of Natural Resources (DNR) to provide

certain services relating to wetlands to persons who own or lease land. Under the

bill, a wetland is an area where water is at, near, or above the land surface long

enough to be capable of supporting aquatic or hydrophytic vegetation and that has

soils indicative of wet conditions. The bill requires DNR to provide, for a fee, a

wetland map review, a wetland identification, or a wetland confirmation upon

request by a person who owns or leases land.

Under the bill, a wetland map review consists of a written evaluation, based

upon a review of wetland maps prepared by DNR or other information available to

DNR, of whether a parcel of land is likely to contain a wetland. A wetland

identification consists of a written evaluation, based upon an on-site inspection of

the land by DNR, of whether a parcel of land contains a wetland. A wetland

confirmation consists of a written statement, based upon an on-site inspection of the

land by DNR, of whether DNR concurs with the boundaries of a wetland as

delineated by a third person.

The bill provides that, if DNR furnishes a wetland identification or a wetland

confirmation, that identification or confirmation is effective for a period of five years.

The bill requires DNR to negotiate with the U.S. Army Corps of Engineers (Corps of

Engineers) to enter into a memorandum of agreement that provides that the Corps

of Engineers will concur with any written evaluation by DNR of whether a parcel of

land contains a wetland for purposes of a wetland identification. The bill also

specifies that DNR may not provide a wetland identification before the date on which

it enters into such a memorandum with the Corps of Engineers.

The bill establishes deadlines under which DNR must provide these

wetlands-related services after a person files a request for the service. The bill

specifies that, if adverse weather conditions or other adverse conditions prevent

DNR from conducting an accurate on-site inspection for a wetland identification or

a wetland confirmation, DNR may provide the service as soon as possible after

conditions allow DNR to conduct an accurate on-site inspection.

The bill also requires that each county, city, village, and town (municipality)

that issues a building permit or other approval for construction activity must give

the applicant a written notice that contains information about construction near or

on wetlands including a statement that advises the applicant that the applicant is

responsible for complying with state and federal laws concerning construction near

or on wetlands, lakes, and streams. The bill requires the Department of Commerce

(Commerce) to include this notice on every standard building permit form that it

prescribes. The bill provides that a municipality is not required to give the notice if

it issues a building permit on a standard building permit form prescribed by

Commerce. If the municipality is required to give the notice, the bill provides that

the municipality must require the applicant for the building permit to sign a