Overview of Wisconsin’s Wetland Law Changes

Liesa Lehmann, Section Chief, Bureau of Watershed Management

SWCS Conference

February 2013

dnr.wi.gov\topic\wetlands

What I’ll Cover

Wetland regulation - what is regulated, and why?

2012 Wetland Legislation

• General Permits

• Individual Permits

• Mitigation

Exemptions

Wetland Regulation

Wetland regulation = discharge of fill

“Wetland" means an area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.

Wetland Regulation

Why are wetlands are regulated?

Wetland functional values: • Storm and flood water storage and retention

• Groundwater discharge/recharge

• Filtration or storage of sediments, nutrients, etc.

• Shoreline protection against erosion

• Habitat for aquatic organisms

• Habitat for resident/transient wildlife species

• Recreational, cultural, educational, scientific

and natural scenic beauty values and uses.

Wetland Legislation

Wisconsin Act 118-effective July 1, 2012

Legislative Sponsors’ Goals

•General Permits for minor activities

•Individual Permit review for larger projects or sensitive wetlands

•More certainty in the permit process

•Wetland Mitigation to offset impacts

•Balance environment and economy

Wetland Legislation

What’s changed: • State wetland permit=Water Quality Certification

• All state wetlands are regulated the same

• Permit Process • Permit Standards, including mitigation

Wetland Legislation

What hasn’t changed: •Definition of wetland •How wetland boundaries are delineated

•Wetland fill requires state/federal approval

• Existing exemptions •Mitigation does not guarantee permit

GENERAL PERMITS

Wetlands - General Permits

• DNR issues category-specific GPs with eligibility criteria and conditions – Public notice process

– Each GP good for 5 years from issuance

– Property owners apply for GP coverage

• Fill limit is 10,000 sq. ft. for most

• DNR can prohibit in 8 wetland types

• GP standard = result in “minimal environmental wetland impact”

Wetlands - General Permits

DNR may prohibit discharges into certain wetland types: • Great Lakes Ridge/Swale Complexes

• Interdunal Wetlands

• Coastal Plain Marshes

• Emergent Marshes with Wild Rice

• Sphagnum Bogs (south of STH 16 & STH

21 west of L. Winnebago & USH 151 east of L. Winnebago)

• Boreal Rich Fens

• Calcareous Fens

DNR drafts GP & EA

Category-Specific Standards Conditions Exceptions Definitions

DNR Issues Public Notice 30-day comment period

Hearing Requested?

Yes No

DNR Conducts Public Hearing DNR Modifies GP based on

Public Comment

DNR Issues Final Statewide GP

GP Valid for 5-Years

General Permit Issuance Process

10,000 sq. ft. Limit 1. Industrial (includes waste disposal sites) 2. Commercial 3. Residential 4. Agricultural 5. Municipal Development 6. Recreational

2 Acre Limit 7. Hazardous Waste Treatment/Disposal 8. Temporary Access/Dewatering

No Limit Specified 9. Utility Construction/Maintenance 10.Municipal Bridge/Culvert Constr/Reconstr/Maint

Issued

In development

Issued

Issued

Wetlands General Permit Categories

Issued

In development

INDIVIDUAL PERMITS

and MITIGATION

Wetlands - Individual Permits

• For projects not authorized by GP

• Pre-application meeting required

• Public Notice during permit review

• Practicable Alternatives Analysis required – scope may be limited

• Functional Values assessment includes mitigation and other environmental impacts

Wetlands – Individual Permits

• Wetland IP standards are:

1.Least environmentally damaging practicable alternative

2.All practicable measures to minimize the adverse impacts taken

3.Project will not result in significant adverse impact

• Compensatory mitigation required

Wetlands – Mitigation

• Mitigation required for every IP

• Options to buy mitigation bank credit, or conduct “permittee-responsible mitigation (on-site or near)

• Law also allows DNR to establish “in-lieu fee” program

• Minimum acreage ratio of 1.2 to 1

• Watershed approach

EXEMPTIONS

Wetlands – Exemptions

No change in existing state law

Permit not required for discharge from:

1.Normal farming, silviculture, or ranching activities.

2.Maintenance, emergency repair, or reconstruction of damaged parts of structures in use in a wetland.

3.Construction or maintenance of farm ponds, stock ponds, or irrigation ditches.

Wetlands – Exemptions

4.Maintenance of drainage ditches.

5.Construction or maintenance of farm roads, forest roads, or temporary mining roads, using BMPs to ensure:

– flow and circulation patterns and chemical and biological characteristics of the affected wetland are not impaired.

– reach of affected wetland is not reduced.

–adverse effect on aquatic environment of affected wetland minimized.

Wetlands – Not Exempt

Not exempt from permit if purpose is to bring a wetland, or part of a wetland, into a use for which it was not previously subject, and if the activity may do any of the following:

– Impair the flow or circulation of any wetland.

–Reduce the reach of any wetland.

For more information:

dnr.wi.gov\topic\wetlands