AB 63

This bill exempts from wetland permitting requirements a discharge of

material into a wetland that is incidental to installation or maintenance of utility

infrastructure in a highway right-of-way if the affected portion of the wetland will

be restored to the condition that existed immediately before the discharge was

commenced.

Under current law, no person may discharge dredged material or fill material

into a wetland unless the discharge is authorized by a wetland general permit or

individual permit, or the discharge is exempt from permitting requirements.

Current law requires the Department of Natural Resources to issue wetland

general permits for discharges of dredged or fill material into certain wetlands.

Current law also authorizes DNR to require a person to apply for 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. Also under current law, before DNR may issue a wetland individual permit,

it must require the restoration, enhancement, creation, or preservation of other

wetlands to compensate for adverse impacts to a wetland resulting from the

discharge.