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Bills from the 2025–26 session

Senate Bill 798

A wetland assured delineation program, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, and granting rule-making authority. (FE)

Topics: Administrative rules, Natural Resources, Department of: Environmental protection, Wetland

Became law

The governor signed it on Apr 6, 2026. It's ⁠.

  1. Introduced, passed

    Dec 22, 2025

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed Feb 11, 2026

  4. Assembly vote, passed

    Passed Feb 18, 2026

  5. Governor, passed

    Signed

  6. Law, here now

    2025 Wisconsin Act 172

Latest entry in the official record, Apr 6, 2026: “Published 4-3-2026”

Read the bill

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The same bill was also filed in the Assembly as AB 808. That version died when the session ended.

What it does

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

This bill directs the Department of Natural Resources to establish a wetland assured delineation program.

Current law generally prohibits the discharge of dredged or fill material into a wetland unless a person is issued a wetland general permit or individual permit by DNR. Under current law, a person who owns or leases land may use the following methods to delineate the boundaries of a wetland in a manner recognized by DNR: 1) the person may request that DNR provide a wetland identification to determine if wetlands are located on a parcel, or part of a parcel, that does not exceed five acres; 2) the person may have a third person prepare a wetland delineation and request that DNR confirm the boundaries of the wetland as delineated by that third person, based on DNR’s on-site inspection of the land; or 3) with respect to nonfederal wetlands, the person may have a qualified third person perform a wetland identification delineating the boundaries of a wetland and request DNR to confirm those boundaries, not based upon an on-site inspection of the land but rather based on a review of maps, aerial photographs, surveys, wetland delineations, and hydrophytic soil conditions. Under current law, nonfederal wetlands are wetlands that are not under the jurisdiction of the federal government, and a qualified third person is an individual who has completed basic and advanced wetland training and has a minimum of one year of field experience in wetland delineation.

Read the full summary

The bill adds a wetland assured delineation program as a fourth method for delineating the boundaries of a wetland in a manner recognized by DNR. Under the program, a person may apply to DNR to be certified as an assured delineator. A wetland delineation prepared by an assured delineator has the same effect as a wetland identification or confirmation prepared by DNR, and a wetland delineation prepared by an assured delineator need not be confirmed by DNR. Under the bill, DNR must charge a $900 annual certification fee to an assured delineator, must require a report of each wetland delineation an assured delineator prepares, and may charge a filing fee not to exceed $20 for each report submitted.

The bill provides that a wetland delineation prepared by an assured delineator is effective for five years from the date upon which the wetland delineation report is submitted to DNR. This matches the general effective period for wetland identifications and confirmations of wetlands provided by DNR under current law. In an exception under current law, a wetland identification or confirmation provided by DNR is effective for 15 years from the date provided by DNR if the wetland is a nonfederal wetland and the parcel of land is subject to a storm water management zoning ordinance or a storm water discharge permit. The bill adds to this exception a wetland delineation by an assured delineator that meets these conditions, and changes this exception to be effective for 15 years from the date the U.S. army corps of engineers makes a determination regarding whether the wetland is subject to federal jurisdiction on the basis of the wetland identification, confirmation, or delineation.

The bill requires DNR to establish application and qualification requirements for assured delineator certification but includes some minimum requirements, such as certain educational degrees, specific amounts of full-time professional field experience in wetland delineation based on educational degree, and completion of a wetland delineation training course based on the U.S. Army Corps of Engineers wetland delineation manual. The bill also requires DNR to charge an application processing fee of $500. The bill provides that an applicant whose application is not approved may reapply and requires DNR to accept applications no less than annually and at least during the period beginning September 15 and ending November 30 for applicants who wish to be certified beginning on March 15 of the next calendar year.

The bill requires DNR to review the performance of assured delineators on a recurring basis and authorizes DNR to perform in-field audits of specific wetland delineations submitted by assured delineators in the 12 months preceding the beginning of the audit. The bill allows DNR to investigate any person’s complaint that an assured delineator may have failed to accurately identify wetlands on a property for which a report was submitted in the 12 months preceding the date of the complaint. If the data gathered in the investigation show substantial evidence that a wetland delineation was conducted in a manner not supported by the wetland delineation manual published by the U.S. Army Corps of Engineers, the bill requires DNR to so notify the assured delineator and require the assured delineator to correct the report. The bill provides that any deadline for DNR action with respect to a wetland general or individual permit is tolled on the date of that notification until the assured delineator submits a corrected report.

The bill prohibits DNR from using data gathered in the investigation to modify a wetland permit or exemption decision solely on the basis of that data. The bill allows DNR to use data gathered in the investigation to evaluate an assured delineator’s compliance with assured delineation program requirements.

The bill allows DNR to revoke a person’s certification as an assured delineator if it finds the person did any of a list of actions, for example knowingly falsifying or misrepresenting a wetland boundary. Under the bill, a person whose assured delineator certification has been revoked is entitled to a contested case hearing.

Under the bill, DNR must consider a person who is approved or certified as an assured delineator under an existing pilot program as certified as an assured delineator under the program created in the bill.

Who's behind it

4 senators are its ⁠. 3 are Republicans and 1 is a Democrat.

12 more lawmakers ⁠.

See all 16 names

Authors (4)

Signed on in support (12)

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 3 votes on this bill.

Senate Committee on Natural Resources vote on an amendment

Passed, 5 to 0 · Feb 2, 2026

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, Veteran and Military Affairs, Ayes 5, Noes 0”. Official record · This vote on its own page

Senate Committee on Natural Resources vote to recommend it

Passed, 5 to 0 · Feb 2, 2026

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

Official motion: “Report passage as amended recommended by Committee on Natural Resources, Veteran and Military Affairs, Ayes 5, Noes 0”. Official record · This vote on its own page

Senate vote on an amendment

Passed, 32 to 1 · Mar 17, 2026

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

Official motion: “Assembly Substitute Amendment 2 concurred in, Ayes 32, Noes 1”. Official record · This vote on its own page

What happened

  1. Apr 6, 2026

    The new law was published.

  2. Apr 6, 2026

    The governor signed it. It became 2025 Wisconsin Act 172.

  3. Apr 2, 2026

    Sent to the governor.

  4. Mar 17, 2026

    “Action ordered immediately messaged” (the official wording)

  5. Feb 19, 2026

    The Senate adopted it.

  6. Feb 18, 2026

    The Assembly passed it too.

  7. Feb 18, 2026

    The Assembly adopted it.

  8. Feb 18, 2026

    1 more representative signed on in support.

  9. Feb 17, 2026

    Sent to the Assembly Committee on Rules.

  10. Feb 12, 2026

    The Assembly received it.

  11. Feb 11, 2026

    The Senate passed it.

  12. Feb 11, 2026

    “Withdrawn from joint committee on Finance and taken up” (the official wording)

  13. Feb 11, 2026

    Sent to the Joint Committee on Finance.

  14. Feb 11, 2026

    The Senate adopted it.

  15. Feb 11, 2026

    3 more senators signed on in support.

  16. Feb 2, 2026

    The committee voted to recommend passing it, 5 to 0.

  17. Feb 2, 2026

    “Report adoption of Senate Amendment 1 recommended by Committee on Natural Resources, Veteran and Military Affairs, Ayes 5, Noes 0” (the official wording)

  18. Jan 28, 2026

    The committee held a public hearing.

  19. Jan 21, 2026

    1 more representative signed on in support.

  20. Jan 13, 2026

    A state agency sent in its estimate of the cost.

  21. Dec 22, 2025

    Sent to the Senate Committee on Natural Resources, Veteran and Military Affairs.

  22. Dec 22, 2025

    Introduced in the Senate.

See the official record, word for word
  1. Dec 22, 2025 · Senate

    Introduced by Senators Felzkowski, Jacque, Dassler-Alfheim and Feyen; cosponsored by Representatives Mursau, Behnke, Doyle, Goeben, Green, Knodl, McCarville, Steffen and Wichgers

  2. Dec 22, 2025 · Senate

    Read first time and referred to Committee on Natural Resources, Veteran and Military Affairs

  3. Jan 13, 2026 · Senate

    Fiscal estimate received

  4. Jan 16, 2026 · Senate

    Senate Amendment 1 offered by Senator Felzkowski

  5. Jan 21, 2026 · Senate

    Representative Snodgrass added as a cosponsor

  6. Jan 28, 2026 · Senate

    Public hearing held

  7. Jan 29, 2026 · Senate

    LRB correction (Senate Amendment 1)

  8. Feb 2, 2026 · Senate

    Executive action taken

  9. Feb 2, 2026 · Senate

    Report adoption of Senate Amendment 1 recommended by Committee on Natural Resources, Veteran and Military Affairs, Ayes 5, Noes 0

  10. Feb 2, 2026 · Senate

    Report passage as amended recommended by Committee on Natural Resources, Veteran and Military Affairs, Ayes 5, Noes 0

  11. Feb 2, 2026 · Senate

    Available for scheduling

  12. Feb 9, 2026 · Senate

    Placed on calendar 2-11-2026 pursuant to Senate Rule 18(1)

  13. Feb 11, 2026 · Senate

    Senators Ratcliff, Spreitzer and Smith added as coauthors

  14. Feb 11, 2026 · Senate

    Read a second time

  15. Feb 11, 2026 · Senate

    Senate Amendment 1 adopted

  16. Feb 11, 2026 · Senate

    Referred to joint committee on Finance

  17. Feb 11, 2026 · Senate

    Withdrawn from joint committee on Finance and taken up

  18. Feb 11, 2026 · Senate

    Ordered to a third reading

  19. Feb 11, 2026 · Senate

    Rules suspended to give bill its third reading

  20. Feb 11, 2026 · Senate

    Read a third time and passed

  21. Feb 11, 2026 · Senate

    Ordered immediately messaged

  22. Feb 12, 2026 · Assembly

    Received from Senate

  23. Feb 17, 2026 · Assembly

    Read first time and referred to committee on Rules

  24. Feb 17, 2026 · Assembly

    Made a special order of business at 1:24 PM on 2-18-2026 pursuant to Assembly Resolution 13

  25. Feb 18, 2026 · Assembly

    Representative Miresse added as a cosponsor

  26. Feb 18, 2026 · Assembly

    Assembly Substitute Amendment 1 offered by Representative Neubauer

  27. Feb 18, 2026 · Assembly

    Read a second time

  28. Feb 18, 2026 · Assembly

    Assembly Substitute Amendment 2 offered by Representative Mursau

  29. Feb 18, 2026 · Assembly

    Assembly Substitute Amendment 2 adopted

  30. Feb 18, 2026 · Assembly

    Ordered to a third reading

  31. Feb 18, 2026 · Assembly

    Rules suspended

  32. Feb 18, 2026 · Assembly

    Read a third time and concurred in as amended

  33. Feb 18, 2026 · Assembly

    Ordered immediately messaged

  34. Feb 19, 2026 · Senate

    Received from Assembly amended and concurred in as amended, Assembly Substitute Amendment 2 adopted

  35. Mar 5, 2026 · Senate

    LRB correction (Senate Amendment 1)

  36. Mar 16, 2026 · Senate

    Placed on calendar 3-17-2026 pursuant to Senate Rule 18(1)

  37. Mar 17, 2026 · Senate

    Assembly Substitute Amendment 2 concurred in, Ayes 32, Noes 1

  38. Mar 17, 2026 · Senate

    Action ordered immediately messaged

  39. Mar 23, 2026 · Senate

    LRB correction (Assembly Substitute Amendment 2)

  40. Mar 23, 2026 · Senate

    Report correctly enrolled

  41. Apr 2, 2026 · Senate

    Presented to the Governor on 4-2-2026

  42. Apr 6, 2026 · Senate

    Report approved by the Governor on 4-2-2026. 2025 Wisconsin Act 172

  43. Apr 6, 2026 · Senate

    Published 4-3-2026

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