AB 852

Under current law, the Department of Natural Resources (DNR) regulates

certain activities that occur in or near navigable waterways. In order for a person

to conduct such an activity, the person may be required to obtain one or more permits

from DNR. Among the permits that DNR issues are permits to construct, operate,

and maintain dams, to place structures or deposit material, permits to construct or

maintain bridges, permits to enlarge or connect waterways or to grade or remove top

soil from banks along navigable waterways, permits to change the courses of streams

and rivers, and permits to remove material from beds of navigable waterways.

Current law also prohibits a person from discharging dredged or fill material into

certain wetlands unless the discharge is authorized by a certification from DNR that

the discharge will meet all applicable state water quality standards.

This bill authorizes DNR to issue a general permit for wetland restoration

activities sponsored by a federal agency (wetlands general permit) in lieu of issuing

certain individual permits or water quality certifications that would otherwise be

required for those activities. Under the bill, a wetlands general permit is valid for

five years except that an activity that DNR determines is authorized by a wetlands

general permit remains authorized under the permit until the activity is completed.

The bill authorizes DNR to renew or modify a wetlands general permit. The bill

requires DNR to provide public notice of its intention to issue a wetlands general

permit and to provide an opportunity for certain interested persons to request a

public hearing with respect to DNR's intention to issue a wetlands general permit.

DNR must hold a public hearing if it determines that there is significant public

interest in holding the hearing.

Under the bill, a person who wishes to proceed with an activity under the

authority of a wetlands general permit must file an application with DNR not less

than 15 days before commencing the activity. The bill authorizes the sponsoring

federal agency to file the application on behalf of the person wishing to proceed with

the activity if that person authorizes the federal agency to do so. The bill also

authorizes DNR to request additional information before determining whether the

activity is authorized by the wetlands general permit. If, within 30 days after

application, DNR does not inform the person wishing to proceed with the activity or

the sponsoring federal agency that an individual permit will be required, the activity

is considered to be authorized under the wetlands general permit. The bill

authorizes DNR to require a person to apply and obtain an individual permit if DNR

determines that the activity is not authorized under the wetlands general permit or

that site specific conditions require restrictions on the activity. The bill also

authorizes a person wishing to proceed with an activity for which a wetlands general

permit has been issued to request an individual permit in lieu of seeking

authorization under the general permit.