Public access to wetlands benefitting from the in lieu fee subprogram

What it does

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

This bill eliminates the requirement that wetlands that benefit from the in lieu fee subprogram administered by the Department of Natural Resources be open to the public. The bill also provides that, in determining projects that benefit from the subprogram, DNR must, to the extent practicable, ensure that there is no net loss of public access to wetlands.

Under current law, DNR must issue wetland general permits for discharges of dredged or fill material into certain wetlands and may 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. 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, also known as mitigation.

Who's behind it

Rob Cowles, a Republican, is its author⁠.

5 more lawmakers signed on in support⁠.