AB 85

This bill requires the Department of Natural Resources to issue a general

permit that authorizes wetland, stream, and floodplain restoration and

management activities that will result in a net improvement in hydrologic

connections, conditions, and functions. Under current law, DNR may issue a general

permit to a person wishing to proceed with a wetland restoration activity sponsored

by a federal agency.

The bill requires DNR to apply several conditions to the new general permit

relating to improvement of hydrologic conditions. The bill authorizes DNR to require

an individual seeking approval to conduct activities under the general permit to

apply for an individual permit under certain circumstances.

Like the existing general permit for wetland restoration activity, a general

permit issued under the bill is valid for a period of five years, except that an activity

that DNR determines is authorized by a general permit remains authorized under

the permit until the activity is completed. Also, like the existing general permit for

wetland restoration activity, a general permit issued under the bill is in lieu of any

permit or approval that would otherwise be required for that activity under state

navigable water law, water quality law, or wetland law.

The bill creates at DNR a hydrologic restoration and management advisory

council to provide input, make recommendations, and generally assist DNR with the

implementation of the new general permit and associated restoration projects.