General permits for certain wetland restoration activities and providing a penalty

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.