SB 406

Under this bill, if the Department of Natural Resources issues a wetland

individual permit to a public utility, DNR may not require mitigation unless the

discharge authorized by the wetland individual permit will result in a permanent fill

of more than 10,000 square feet of wetland.

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 DNR to issue wetland general permits for discharges to

wetlands that are necessary for temporary access or waste disposal if not more than

two acres of wetlands are affected, discharges for certain development if not more

than 10,000 square feet of wetlands are affected, and for utility and highway

construction and maintenance.

For a discharge into a wetland that is not authorized under a wetland general

permit, current law requires a person to apply for and obtain a wetland individual

permit. 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, also known as

mitigation.