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Bills from the 2011–12 session

Senate Bill 368

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

Topics: Administration, Department of: Agency and general functions, Circuit court, Maps, Natural Resources, Department of: Environmental protection, Wetland

Became law

The governor signed it on Feb 29, 2012. It's ⁠.

  1. Introduced, passed

    Jan 6, 2012

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed Feb 14, 2012

  4. Assembly vote, passed

    Passed Feb 21, 2012

  5. Governor, passed

    Signed

  6. Law, here now

    2011 Wisconsin Act 118

Latest entry in the official record, Mar 1, 2012: “Published 3-14-2012”

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What it does

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

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.

Read the full summary

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 analysis include whether the project is wetland dependent, consideration of any practicable alternatives for the project, potential impacts to ASNRI wetlands, and other cumulative and potential secondary impacts. If DNR finds that there will be no significant adverse impacts or other significant environmental consequences, DNR must find that the project complies with wetland quality standards and must issue the wetland water quality certification. For certain projects that are wetland dependent, that involve impacts to not more that 0.10 acres, or that are not a wetland that merits special consideration, DNR may limit the scope of the analysis of practicable alternatives.

Under current law, DNR is authorized, but is not required, to consider mitigation in determining whether to issue a water quality certification. Under current law, wetland mitigation consists of a project that restores, enhances, or creates (improves) a wetland in order to offset the adverse impacts to other wetlands or a project that involves the purchase of credits from a wetlands mitigation bank.

A wetlands mitigation bank is a system of accounting for wetland loss that includes one or more sites where wetlands are improved to provide transferable credits to be subsequently applied to offset adverse impact to other wetlands. Mitigation is based on a ratio of acres improved compared to the number of acres that will suffer an adverse impact.

Current law requires that the ratio of acres for purposes of mitigation be 1.5 acres of improved wetlands for each acre that will suffer an adverse impact, with a limited exception allowing the ratio to be one acre to one acre. Current law prohibits DNR from considering wetland mitigation in deciding whether to authorize an activity that would adversely affect an ASNRI wetland or an ASNRI in general.

Current law requires that mitigation occur within one-half mile of the wetland that will suffer an impact unless DNR determines that it is not practicable or ecologically preferable that the mitigation occur within the one-half mile limitation.

This bill makes various changes to the current law described above. These changes include the following:

1. The bill substitutes the term "wetland permit" for "water quality certification," and specifies that the issuance of a wetland permit by DNR takes the place of a water quality certification required by federal law.

2. The bill requires that DNR issue certain wetland general permits (project permits) that are in addition to the required general certifications under current law.

These include general permits for discharges that are necessary for the treatment or disposal of hazardous waste or toxic pollutants if not more than two acres of wetlands are affected, and discharges for commercial, residential, or agricultural purposes if not more than 10,000 square feet of wetland are affected. The bill authorizes DNR to issue additional wetland general permits.

The bill authorizes DNR to establish different requirements, conditions, and exceptions in general permits to ensure that the discharges will cause only minimal adverse environmental effects. The bill also authorizes DNR to prohibit discharges into certain types of wetlands identified by DNR. These include coastal plain marshes and calcareous fens.

3. The bill creates requirements for giving public notice of DNR's intent to issue general permits.

4. The bill establishes a procedure for obtaining authorization to proceed under a wetland general permit that is similar to the procedure for obtaining authorization under general permits that authorize structures and other activities in or near general waters. Under this procedure, a person must file an application to proceed under the general permit not less than 30 days before commencing the discharge.

If, within 30 days after the application, DNR does not inform the applicant that a wetland individual permit will be required, the discharge is considered to be authorized under the wetland general permit. The bill authorizes DNR to require a person to apply and obtain a wetland individual permit if DNR determines that conditions specific to the site require additional restrictions on the discharge in order to provide reasonable assurance that no significant adverse impacts to wetland functional values will occur. Under the bill, a general permit, other than a project permit, may include a waiver of the requirement that specific authorization be obtained for a wetland discharge.

5. The bill changes the standards for reviewing applications for wetland individual permits.

Under the bill, DNR reviews the practicable alternatives presented in the application for the wetland individual permit. DNR must limit its review of these alternatives to those that are located at the site of the discharge and those adjacent to the site if the applicant has demonstrated that the proposed project that will cause the discharge will have a demonstrable economic benefit, that the proposed project is necessary for the expansion of an existing industrial or commercial facility, or that the proposed project will occur in an existing industrial park. Under the bill, the factors to be used in the review include direct impacts, potential secondary impacts, certain cumulative impacts, impacts from proposed mitigation, and the net positive or negative environmental impact of the project. Under the bill, DNR must find that the project complies with wetland quality standards if DNR determines that the proposed project represents the least environmentally damaging practicable alternative, all practicable measures to minimize the adverse impact to wetland functional values will be taken, and the discharge will not result in significant adverse impacts to wetland functional values or to water quality or in any other significant adverse environmental consequences. Upon making such a finding, DNR is authorized, but is not required, to issue a wetland individual permit.

6. The bill creates specific procedures and time limits for issuing wetland individual permits. Under the bill, DNR must hold a meeting with the applicant to discuss the details of the proposed discharge before the application is actually submitted. DNR must then review an application and within 30 days after submission shall determine either that the application is complete or that additional information is needed. The applicant may include in the application a request for a public informational hearing. If the application is incomplete, DNR may make only one additional request for information. Upon receipt of the information, DNR has ten days to notify the applicant whether the application is complete. The date on which the 30-day or ten-day notice is or should be sent triggers the time limits for the public hearing process and for receiving public comments. Under the bill, the term used for such a date that triggers the time limits is "date of closure." DNR may ask for information to supplement the one-time request for information, but such a request may not affect the date of closure.

Within 15 days after the date of closure, DNR must provide notice of the application to interested members of the public. If the application does not already contain a request for a public informational hearing, any person may request such a hearing. DNR on its own may decide to hold a hearing if it determines that there is significant public interest. The bill authorizes any person to submit public comments in addition to any public hearing. Under the bill, if no hearing is held, DNR must render a decision on the application within 30 days after the period for public comment has ended. If a hearing is held, the period for public comment ends ten days after the date the hearing is completed, and DNR must render its decision within 20 days after the period for public comment ends.

The bill also creates requirements for giving public notice of pending applications and informational hearings.

7. The bill requires that mitigation be performed under each wetland individual permit that DNR issues, and removes the restriction that mitigation may not be considered in issuing permits for discharges into ASNRI wetlands or into ASNRI in general. Mitigation may be accomplished by completing a mitigation project within the same watershed or within one-half mile of the discharge site or by participating in the in lieu fee subprogram, if DNR establishes such a subprogram. The bill authorizes DNR to create the in lieu fee subprogram, in consultation with ACE. Under the subprogram, payments would be made to DNR or another entity for the purposes of improving or preserving wetlands or other water resource features. Under the subprogram, a wetland that benefits from the subprogram must be open to the public for hunting, fishing, trapping, cross-country skiing, and hiking. The in lieu fee subprogram must be consistent with federal regulations that apply to such a subprogram.

8. The bill increases the fee for a wetland individual permit. The bill also creates a fee for an application to proceed under a wetland general permit. Under current law, there is no such application fee to proceed under a general water quality certification.

9. The bill creates a surcharge that applies to certain applications to proceed under wetland general permits. These surcharge fees are to be used to create and restore wetlands and are subject to the public-access requirement for hunting and other activities as described above.

Other provisions The bill makes changes relating to fees paid by persons submitting applications for individual permits to place structures or conduct other activities in or near navigable waters. Under current law, the amount of the fee for a permit relating to navigable waters is based on the estimated time DNR will spend reviewing and investigating the application and making determinations on the application. For an application to proceed under a general permit, there is no fee. This bill imposes a set fee for both types of applications.

The bill authorizes DNR to charge fees for identifying ordinary high-water marks, for making determinations of navigability, and for other determinations related to issuing permits for structures and activities in navigable waters.

Finally, the bill eliminates the requirement under current law that DNR review wetland maps and the accompanying fee.

Who's behind it

2 senators are its ⁠. All 2 are Republicans.

6 more lawmakers ⁠.

See all 8 names

Authors (2)

Signed on in support (6)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There were 11 votes on this bill.

Senate Committee on Natural Resources and Environment vote on an amendment

Passed, 6 to 1 · Jan 19, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report adoption of Senate Amendment 1 recommended by committee on Natural Resources and Environment, Ayes 6, Noes 1”. Official record · This vote on its own page

Senate vote

Passed, 3 to 2 · Feb 13, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Referred to joint committee on Finance by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 3, Noes 2”. Official record · This vote on its own page

Senate vote on an amendment

Passed, 17 to 16 · Feb 14, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Senate amendment 13 laid on table, Ayes 17, Noes 16”. Official record · This vote on its own page

Senate vote on an amendment

Passed, 17 to 16 · Feb 14, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Senate amendment 14 laid on table, Ayes 17, Noes 16”. Official record · This vote on its own page

Senate vote

Failed, 15 to 17 · Feb 15, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Refused to refer to committee on Natural Resources and Environment, Ayes 15, Noes 17”. Official record · This vote on its own page

Senate vote to pass it

Passed, 17 to 15 · Feb 15, 2012 · 1 didn't vote

See how each of the 33 senators voted

D: Democrat, R: Republican

Official motion: “Passed, Ayes 17, Noes 15”. Official record · This vote on its own page

Senate vote to pass it

Failed, 15 to 17 · Feb 15, 2012 · 1 didn't vote

See how each of the 33 senators voted

D: Democrat, R: Republican

Official motion: “Refused to reconsider vote by which bill was passed, Ayes 15, Noes 17”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 60 to 36 · Feb 21, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 1 laid on table, Ayes 60, Noes 36”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 60 to 35 · Feb 21, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 2 laid on table, Ayes 60, Noes 35”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 61 to 34 · Feb 21, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 3 laid on table, Ayes 61, Noes 34”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 60 to 35 · Feb 21, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly substitute amendment 1 laid on table, Ayes 60, Noes 35”. Official record · This vote on its own page

What happened

  1. Mar 1, 2012

    The new law was published.

  2. Feb 29, 2012

    The governor signed it. It became 2011 Wisconsin Act 118.

  3. Feb 28, 2012

    Sent to the governor.

  4. Feb 21, 2012

    The Assembly passed it too.

  5. Feb 15, 2012

    Sent to the Assembly Committee on Rules.

  6. Feb 15, 2012

    The Assembly received it.

  7. Feb 15, 2012

    “Messaged” (the official wording)

  8. Feb 15, 2012

    The Senate passed it, 17 to 15.

  9. Feb 15, 2012

    “Read a third time” (the official wording)

  10. Feb 14, 2012

    The Senate adopted it.

  11. Feb 13, 2012

    “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” (the official wording)

  12. Feb 13, 2012

    Sent to the Joint Committee on Finance.

  13. Jan 19, 2012

    The committee voted to recommend passing it, 4 to 3.

  14. Jan 19, 2012

    “Report adoption of Senate Amendment 1 recommended by committee on Natural Resources and Environment, Ayes 6, Noes 1” (the official wording)

  15. Jan 18, 2012

    A state agency sent in its estimate of the cost.

  16. Jan 12, 2012

    The committee held a public hearing.

  17. Jan 6, 2012

    3 more representatives signed on in support.

  18. Jan 6, 2012

    Sent to the Senate Committee on Natural Resources and Environment.

  19. Jan 6, 2012

    Introduced in the Senate.

See the official record, word for word
  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 2 offered by Senator C. Larson

  10. Jan 19, 2012 · Senate

    Senate amendment 3 offered by Senator C. Larson

  11. Jan 19, 2012 · Senate

    Senate amendment 4 offered by Senator C. Larson

  12. Jan 19, 2012 · Senate

    Senate amendment 5 offered by Senator C. Larson

  13. Jan 19, 2012 · Senate

    Senate amendment 6 offered by Senator C. Larson

  14. Jan 19, 2012 · Senate

    Senate amendment 7 offered by Senator C. Larson

  15. Jan 19, 2012 · Senate

    Senate amendment 8 offered by Senator C. Larson

  16. Jan 19, 2012 · Senate

    Senate amendment 9 offered by Senator C. Larson

  17. Jan 19, 2012 · Senate

    Executive action taken

  18. Jan 19, 2012 · Senate

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

  19. 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

  20. Jan 19, 2012 · Senate

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

  21. Jan 19, 2012 · Senate

    Available for scheduling

  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

Terms on this page

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote