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Bills · 2011-2012 Regular Session

SB 368

Became law Official bill text Atom feed

permits for discharges into wetlands; wetland mitigation; wetland mapping and delineation; fees for permits and other authorizations or determinations by the Department of Natural Resources relating to structures, deposits, and other activities in or near navigable waters; making appropriations; and providing penalties.

  1. Introduced, completed
  2. Passes Senate, completed
  3. Passes Assembly, completed
  4. Governor signs, completed
  5. Law, completed

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

Wetland permitting and mitigation

Under current law, there are two permitting procedures for discharging

dredged or fill material into a wetland depending on whether the wetland is subject

to federal jurisdiction. Under federal law, activities involving the discharge of

dredged or fill material into wetlands subject to federal jurisdiction (federal

wetlands) must comply with certain guidelines contained in regulations

promulgated by the U.S. Army Corps of Engineers (ACE). Wetlands that are exempt

from federal jurisdiction are those that are nonnavigable and that are isolated,

intrastate wetlands. Current state law regulates discharges in these wetlands

(nonfederal wetlands).

Current law makes a distinction between wetlands that are in, or that are in

proximity to, an area of special natural resource interest (ASNRI) wetlands and

those wetlands that are outside these areas. Current law defines ASNRI as being

an area that has significant ecological, cultural, aesthetic, educational, recreational,

or scientific value and specifically lists certain areas.

Under current law, a discharge into a federal or nonfederal wetland will be

authorized under an individual or general water quality certification only if the

discharge complies with all of the water quality standards that apply to wetlands.

These standards are promulgated as rules by the Department of Natural Resources

(DNR) and require that various functional values of wetlands be protected from

adverse impacts. These functional values include providing protection from

flooding, recharging groundwater, and providing habitat for wildlife.

Under current law, before ACE may issue a federal permit applicable to a

federal wetland, or authorize an activity pursuant to a general federal permit, DNR

must issue a water quality certification. For a nonfederal wetland, the discharge

must be authorized by a water quality certification issued by DNR but no federal

permit is required. For a nonfederal wetland, the discharge may be authorized by

an individual certification or a general certification. Under current law, DNR may

issue a general water quality certification for types of discharges that are similar in

nature and will cause minimal adverse environmental effects. Under current law,

DNR must issue general water quality certifications that are consistent with all of

the general permits issued under federal law.

Under rules promulgated by DNR, in order for DNR to issue an individual

wetland water quality certification DNR must first find that no practicable

alternative exists which would avoid causing adverse impacts to the wetland and

that all practicable measures will be taken to minimize the adverse impacts to the

functional value of the affected wetlands. DNR then considers any proposed

mitigation and various other factors to determine whether there will be an adverse

impact to wetland functional values or to water quality that is significant or other

environmental consequences that are significant. The factors used in this step of the

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Sponsors

Introduced by: Kedzie (R) , Schultz (R)

6 cosponsors

Brooks (R) , Endsley, Jacque and Marklein , Honadel (R) , Mursau (R) , Rivard (R) , Stone (R)

Votes

Senate: Report adoption of Senate Amendment 1 recommended by committee on Natural Resources and Environment, Ayes 6, Noes 1

Passed 6–1 Jan 19, 2012 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Referred to joint committee on Finance by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 3, Noes 2

Passed 3–2 Feb 13, 2012 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 13 laid on table, Ayes 17, Noes 16

Passed 17–16 Feb 14, 2012 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 14 laid on table, Ayes 17, Noes 16

Passed 17–16 Feb 14, 2012 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Refused to refer to committee on Natural Resources and Environment, Ayes 15, Noes 17

Failed 15–17 Feb 15, 2012 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Passed, Ayes 17, Noes 15

Passed 17–15 Feb 15, 2012 official source full page

Not voting · 1

Senate: Refused to reconsider vote by which bill was passed, Ayes 15, Noes 17

Failed 15–17 Feb 15, 2012 official source full page

Not voting · 1

Assembly: Assembly amendment 1 laid on table, Ayes 60, Noes 36

Passed 60–36 Feb 21, 2012 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly amendment 2 laid on table, Ayes 60, Noes 35

Passed 60–35 Feb 21, 2012 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly amendment 3 laid on table, Ayes 61, Noes 34

Passed 61–34 Feb 21, 2012 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly substitute amendment 1 laid on table, Ayes 60, Noes 35

Passed 60–35 Feb 21, 2012 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Full history

  1. Jan 6, 2012 · Senate

    Introduced by Senators Kedzie and Schultz;Cosponsored by Representatives Mursau, Rivard, Brooks, Honadel and Stone

  2. Jan 6, 2012 · Senate

    Read first time and referred to committee on Natural Resources and Environment

  3. Jan 6, 2012 · Senate

    Representatives Endsley, Jacque and Marklein added as a cosponsors

  4. Jan 12, 2012 · Senate

    Public hearing held

  5. Jan 17, 2012 · Senate

    Senate amendment 1 offered by Senator Kedzie

  6. Jan 17, 2012 · Senate

    LRB correction

  7. Jan 18, 2012 · Senate

    Fiscal estimate received

  8. Jan 18, 2012 · Senate

    LRB correction

  9. Jan 19, 2012 · Senate

    Senate amendment 4 offered by Senator C. Larson

  10. Jan 19, 2012 · Senate

    Senate amendment 5 offered by Senator C. Larson

  11. Jan 19, 2012 · Senate

    Senate amendment 6 offered by Senator C. Larson

  12. Jan 19, 2012 · Senate

    Senate amendment 7 offered by Senator C. Larson

  13. Jan 19, 2012 · Senate

    Senate amendment 8 offered by Senator C. Larson

  14. Jan 19, 2012 · Senate

    Senate amendment 9 offered by Senator C. Larson

  15. Jan 19, 2012 · Senate

    Executive action taken

  16. Jan 19, 2012 · Senate

    Report adoption of Senate Amendment 1 recommended by committee on Natural Resources and Environment, Ayes 6, Noes 1

  17. Jan 19, 2012 · Senate

    Report introduction and adoption of Senate Amendment 10 recommended by committee on Natural Resources and Environment, Ayes 7, Noes 0 by committee on Natural Resources and Environment

  18. Jan 19, 2012 · Senate

    Report passage as amended recommended by committee on Natural Resources and Environment, Ayes 4, Noes 3

  19. Jan 19, 2012 · Senate

    Available for scheduling

  20. Jan 19, 2012 · Senate

    Senate amendment 2 offered by Senator C. Larson

  21. Jan 19, 2012 · Senate

    Senate amendment 3 offered by Senator C. Larson

  22. Jan 20, 2012 · Senate

    Senate amendment 11 offered by Senator Kedzie

  23. Feb 13, 2012 · Senate

    Senate amendment 12 offered by Senators Kedzie and Cowles

  24. Feb 13, 2012 · Senate

    Referred to joint committee on Finance by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 3, Noes 2

  25. Feb 13, 2012 · Senate

    Withdrawn from joint committee on Finance and made Available for Scheduling by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 3, Noes 2

  26. Feb 13, 2012 · Senate

    Placed on calendar 2-14-2012 and made a special order of business at 12:02 P.M. by committee on Senate Organization, pursuant to Senate Rule 17 (2)

  27. Feb 14, 2012 · Senate

    Read a second time

  28. Feb 14, 2012 · Senate

    Senate amendment 1 adopted

  29. Feb 14, 2012 · Senate

    Senate amendment 10 adopted

  30. Feb 14, 2012 · Senate

    Senate amendment 11 adopted

  31. Feb 14, 2012 · Senate

    Senate amendment 12 adopted

  32. Feb 14, 2012 · Senate

    Senate amendment 13 offered by Senators C. Larson, King, Carpenter, T. Cullen, S. Coggs, Wirch, Shilling, Risser, Miller, Vinehout, Taylor, Holperin and Jauch

  33. Feb 14, 2012 · Senate

    Senate amendment 13 laid on table, Ayes 17, Noes 16

  34. Feb 14, 2012 · Senate

    Senate amendment 14 offered by Senators C. Larson, King, T. Cullen, S. Coggs, Carpenter, Wirch, Risser, Miller, Vinehout, Taylor, Shilling, Holperin and Jauch

  35. Feb 14, 2012 · Senate

    Senate amendment 14 laid on table, Ayes 17, Noes 16

  36. Feb 14, 2012 · Senate

    Ordered to a third reading

  37. Feb 15, 2012 · Senate

    Read a third time

  38. Feb 15, 2012 · Senate

    Refused to refer to committee on Natural Resources and Environment, Ayes 15, Noes 17

  39. Feb 15, 2012 · Senate

    Passed, Ayes 17, Noes 15

  40. Feb 15, 2012 · Senate

    Refused to reconsider vote by which bill was passed, Ayes 15, Noes 17

  41. Feb 15, 2012 · Senate

    Messaged

  42. Feb 15, 2012 · Assembly

    Received from Senate

  43. Feb 15, 2012 · Assembly

    Read first time and referred to committee on Rules

  44. Feb 16, 2012 · Assembly

    Made a special order of business at 11:01 a.m. on 2-21-2012 pursuant to Assembly Resolution 21

  45. Feb 21, 2012 · Assembly

    Read a second time

  46. Feb 21, 2012 · Assembly

    Assembly amendment 1 offered by Representatives Hulsey, Richards, Turner, C. Taylor, Seidel and Clark

  47. Feb 21, 2012 · Assembly

    Assembly amendment 1 laid on table, Ayes 60, Noes 36

  48. Feb 21, 2012 · Assembly

    Assembly substitute amendment 1 offered by Representatives Barca, Clark, Pasch and Bernard Schaber

  49. Feb 21, 2012 · Assembly

    Assembly substitute amendment 1 laid on table, Ayes 60, Noes 35

  50. Feb 21, 2012 · Assembly

    Assembly amendment 2 offered by Representatives Danou, Barca, Molepske Jr, Bernard Schaber and Clark

  51. Feb 21, 2012 · Assembly

    Assembly amendment 2 laid on table, Ayes 60, Noes 35

  52. Feb 21, 2012 · Assembly

    Assembly amendment 3 offered by Representatives Bernard Schaber, Clark and Pasch

  53. Feb 21, 2012 · Assembly

    Assembly amendment 3 laid on table, Ayes 61, Noes 34

  54. Feb 21, 2012 · Assembly

    Ordered to a third reading

  55. Feb 21, 2012 · Assembly

    Rules suspended

  56. Feb 21, 2012 · Assembly

    Read a third time and concurred in

  57. Feb 21, 2012 · Assembly

    Ordered immediately messaged

  58. Feb 22, 2012 · Senate

    Received from Assembly concurred in

  59. Feb 28, 2012 · Senate

    LRB correction

  60. Feb 28, 2012 · Senate

    LRB correction

  61. Feb 28, 2012 · Senate

    Report correctly enrolled on 2-28-2012

  62. Feb 28, 2012 · Senate

    Presented to the Governor on 2-28-2012

  63. Feb 29, 2012 · Senate

    Report approved by the Governor on 2-29-2012. 2011 Wisconsin Act 118

  64. Mar 1, 2012 · Senate

    Published 3-14-2012