The compensatory mitigation program is divided into 12 watersheds, called service areas. Wisconsin has applied the GP concept to most environmental programs, including permits for activities in and near navigable waters under Wis. Stat. The Observatory harnesses the efforts of University of Wisconsin-Madison student journalists, the expertise of UW scholars, and the Wisconsin-centered platforms of our partners to connect and engage voters in Wisconsin and beyond to provide information vital to the practice of democracy. In many cases, water is not present at the surface or is only present during some times of the year. Is it safe to build on wetlands? If the wetland is not subject to federal jurisdiction, the state permit provides protection of the wetland under the same standards and procedures as are applicable to water-quality certification of federal permits. wetland and protecting the water and plants within it. NWP 39 also requires preconstruction notification to the Corps for impacts to a mere 1/10 of an acre. Scott Walkers claims about economy are accurate, but do not apply to many blacks, Latinos. I talked to a friend of mine that filled wetlands with 50+ dump trucks of gravel. In Wisconsin, the state government maintains the authority to regulate non-federal wetlands through the Department of Natural Resources, which developers or others need to work with if they want to fill in or excavate a non-federal wetland. The Act provides a uniform system for regulating wetland fills for all wetlands, federal and nonfederal. On the federal level, the IP standards reflect regulations issued both by the Corps and by the U.S. Environmental Protection Agency (EPA).20. They also serve as both discharge and recharge areas for groundwater and provide habitat for many species of plants and animals (Stearns 1978). Chatwith customer service M-F 8 a.m. to 5 p.m. Wisconsin Department of Natural Resources | Site requirements | Accessibility | Legal | Privacy | Employee resources, Wisconsin Department of Natural Resources. The incumbent Republican governor has touted Wisconsins wage growth and low unemployment, but the positive indicators are not shared equally around the state. States have jurisdiction to regulate or not regulate these bodies of water. 281.36). chapter 30 also arose. The three year net gain/loss summary for 2019-2021 by county displays the difference in permanent wetland impact and restoration acreage. If the application is incomplete, the DNR may make one request for additional information. Wetlands are transitional areas between open water and dry land and are often found along bays, lakes, rivers and streams. (a)," which requires the DNR to evaluate the practicable-alternatives analysis required under Wis. Stat. Thank you. This GP will be valid for five years and will allow municipalities to apply for coverage under the permit for wetland impacts of up to 10,000 square feet if the impact meets all eligibility criteria and conditions of the GP. BA. Allow for greater consideration of wetland mitigation measures to address effects on wetlands. All practicable measures to minimize the adverse impacts to wetland functional values will be taken. Statewide wetland acreage has since increased from approximately five million acres to just over six million acres according to the Wisconsin Wetland Inventory as of February 2021. "2. The proposed project represents the least environmentally damaging practicable alternative taking into consideration practicable alternatives that avoid wetland impacts. Required General Permits. Temporary impacts include activities like excavation and backfilling in a wetland, or conversion of wetland type, whereas filling and converting wetlands to uplands are deemed permanent impacts. This led to a surge in private wetland mitigation banks like Foggy Acres because there was money to be made. Environmental Protection Agency, EPA Section 404 website, accessed March 12, 2018 The Act was designed to accomplish several important goals:2, These goals were welcomed by many persons seeking permits, but they were not without controversy. Wetlands are nurseries for fish and wildlife, purifiers for lakes, rivers and groundwater, and storage for floodwaters. This article provides an overview of wetland regulations and describes the key changes made by the Act. Wetland restoration or reestablishment is dependent on a number of factors including past land treatments (filling, flooding or land leveling), current land use and changes in hydrology. Practicable Alternatives. This process does not involve public hearings or a detailed case-by-case analysis.11. 6Non Tributary Wetlands* When an isolated freshwater wetland (FWW) or isolated State open water (SOW) is proposed to be disturbed, filled, excavated or drained, a GP 6 is required.. The COE also allowed the apartment complex to fill in about one (1) acre of delineated wetlands without permits. An application to fill in . If . Wetlands can sometimes form in unlikely places, such as on slopes, when the local climate produces continually wet conditions (Verry 1988). Is Wisconsin as unique as the Rep. Steineke says? shared with The Observatory by OBrien from ASWM showed that 18 states have specific policies passed or under consideration geared toward protecting and regulating non-federal isolated wetlands. (a) Liquids, fill or other solids or gas may not be present in amounts which may cause significant adverse impacts to wetlands; (b) Floating or submerged debris, oil or other material may not be present in amounts which may interfere with public rights or interest or which may cause significant adverse impacts to wetlands; 3 Testimony from the Wisconsin Wetlands Association, available at www.wisconsinwetlands.org. The wetland increase exhibited in the Wisconsin Wetland Inventory is partly accredited to wetlands being restored, but is also due to the advancement of wetland mapping protocols and available resources such as higher resolution digital elevation models. Wisconsin Gov. Wisconsin Wetlands Association. Prune it heavy, and chop all the prunings into 2 foot lengths. . . Wetland impacts vary across the state and are generally higher in urban/suburban settings that experience a greater degree of development. According to OBrien, discussions of non-federal wetlands outside of Wisconsin usually do not put isolated and artificial wetlands into separate categories. In May 2017, the Wisconsin Department of Natural Resources (DNR) granted a permit to Meteor Timber in Monroe County to fill 16.25 acres of wetlands, including 13.37 acres of white pine - red maple swamp, a very rare wetland type remaining in Wisconsin. Because Wisconsin lifted wetland protections for the company, it can fill 42 wetlands and a pond in one part of the massive development. Protect wetland resources through educational & advocacy activities. Office of Assembly Minority Leader Jim Steineke, spokeswoman Alesha Potter, phone interviews, Feb. 13 and Feb. 16, 2018. The new Act resolves this conflict by creating a uniform procedure.31, Mitigation, the final part of the process in DNR wetland evaluations, is an important step. And, it streamlines the process for minor activities through general permits while providing clear procedures for individual permits. Wisconsin boasts some other notable wetland butterflies with more specific habitats and/or smaller numbers. As of 1990 Wisconsin had lost 46% of their estimated original ten million wetland acres present in the 1780's (Dahl, Wetland Losses in the United States 1780's to 1980's). Both the state of Wisconsin and the U.S. government regulate the discharge of dredged or fill material into wetlands.4 The federal government's authority to regulate wetlands arises under section 404 of the Clean Water Act (CWA),5 which grants the U.S. Army Corps of Engineers (the Corps) the authority to issue permits for the discharge of material into waters of the United States, including wetlands. Given the controversial nature of wetland regulations, it is likely that these changes will be closely scrutinized to determine whether they fulfill the hopes of the Act's sponsors, the fears of its opponents, or some combination. The rule has environmentalists worried about the fate of Wisconsin wetlands. As a result of 2001 Wisconsin Act 6, Wisconsin became the first state to fill the resulting regulatory gap by specifically authorizing the DNR to review and approve fills of nonfederal wetlands. However, until passage of Act 118, Wisconsin had no GPs for wetlands. lakes, streams, and many wetlands from pollution, filling, and draining. Email DNRWMSPublicInquiry@wisconsin.gov for wetland and waterway permitting questions. Army Corps Green Bay Wisconsin allows road to be put through existing. Of the approximately five million acres of wetlands in Wisconsin, an estimated 10 to 30 percent are nonfederal wetlands. Among the many references that Goggin cited for basic guidance on wetland plant selections are "Wisconsin's Natural Communities" by Randy Hoffman, "Planting in a a Post-Wild World" by Thomas Rainer and Claudia West and "The Vegetation of Wisconsin" by John Curtis. Title: Executive Director. Even wetland fills of less than one-tenth of an acre are subject to regulatory review. The remaining 20 percent, which are normally protected under state law, are sometimes called "isolated wetlands," although some serve as headwaters for rivers and streams. Wetlands are restored both through compensatory mitigation tied to local, state and federal permit requirements, as well as restoration projects conducted by private landowners, agencies and stewardship groups such as the U.S. The analysis shared with The Observatory by OBrien from ASWM showed that 18 states have specific policies passed or under consideration geared toward protecting and regulating non-federal isolated wetlands. 11 A very limited set of exemptions from the wetland-permitting process is designed to follow the section 404(f) exemptions described above. The new law attempts to provide some additional guidance in this area in two respects. Tracy Hames 222 S Hamilton St, Ste 1 Madison, WI 53703 (608) 250-9971 (608) 287-1179 tracy.hames@wisconsinwetlands.org www.wisconsinwetlands.org The DNR must issue a decision either 30 days after close of the public-comment period, if a hearing is not held; or 20 days after close of the public-comment period, if a hearing is held. MCL 324.30304. LandBin.com is the land sales division of LakePlace.com. * By storing runoff from heavy rains and snow melts, wetlands reduce flood damage. chapter 285. Any disturbance to a wetland Placement of any material within a wetland, stream, or open water, including material that is necessary for construction, culvert installation, causeways, road fills, dams, dikes or artificial islands, property protection, reclamation devices and fill for pipes or utility lines. We regulate activities in, over, or under navigable waters of the United States (under Section 10 of the Rivers and Harbors Act of 1899), and the discharge (dump, placement, deposit) of dredged or fill material into waters of the United States to include wetlands (under Section 404 of the Clean Water Act of 1972). Given the broad reach of wetland regulations, the changes to Wisconsin wetland law in 2011 Wisconsin Act 118 (the Act or Act 118) deserve attention. For general permits applicants must pay a mitigation surcharge fee for certain activities. On Wednesday the court turned down an appeal by Meteor Timber, based in Atlanta. It allows destruction of wetlands within a one-mile radius of every city and village in Wisconsin plus the nearly 300 rural towns with sanitary districts. (Wisconsin Wetland Inventory System) to the WisDOT Wetland Bank Types. As a result, over the past several decades, an increasingly complex set of federal, state, and local regulations has developed to regulate wetland fills. On the claim that Wisconsin is one of only three states that regulates artificial wetlands in any form, The Observatory finds this claim unobservable. In Wisconsin, the state government maintains the authority to regulate non-federal wetlands through the Department of Natural Resources, which developers or others need to work with if they want to fill in or excavate a non-federal wetland. It may be correct that only three states laws are structured like ours, said OBrien, of the Wisconsin Wetlands Association, but it is incorrect to say were one of only three states that have enacted protections., Sources: OBrien cites the Association for State Wetland Managers, a nonprofit organization based in Maine that works with state, tribal and federal agencies and others on wetlands-related issues. Excavating - Removing material from a wetland Grading - Conducting earthwork to change the grade or contours of the land Mechanized Land Clearing - Clearing shrubs or trees from wetlands by bulldozing or grubbing, and removing the root structures 320.4(r). Credit The Nature Conservancy / Caroline Lake and surrounding wetlands. Develop a uniform and comprehensive state system for reviewing and potentially permitting activities in all wetlands, regardless of whether they are subject to federal jurisdiction or just state jurisdiction; Develop a system of state permits that more closely corresponds to federal permits, including the use of "general permits"; Use a process for reviewing and potentially granting approvals that is consistent with the process used for permitting activities in and near navigable waters under Wis. Stat. Basically, federal jurisdiction applies to all waters and wetlands that have a significant nexus to navigable waters.8 To help make sense of these rulings, the Corps has developed guidance to assist it in making this jurisdictional determination on a case-by-case basis. Under the bill, wetlands in broadly defined urban areas that are an acre or less would be exempted in most cases from the state permitting process. She also said his statement means that three states, including Wisconsin, regulate isolated wetlands in a similar way. 7:7A-5.6 General Permit (GP) No. In southern Minnesota these wetlands are often called prairie potholes. The key factors that must be considered in the review process include a review of practicable alternatives and significant project impacts, along with the impacts of mitigation. Last December, the Court of Appeals upheld a lower . Call 1-888-936-7463 (TTY Access via relay - 711) from 7 a.m. to 10 p.m. If no public hearing is requested, then the public has 30 days from the date of the notice to submit written comments. The agreement also provided $2.85 billion in other incentives. Meteor Timber did ultimately receive a DNR permit to fill in the wetland in 2017, prompting Clean Wisconsin and its partners to sue the agency. Then go out and do it again a year later. Permits for filling or dumping into waters of the United States, including federal wetlands, are issued by the U.S. Army Corps of Engineers, under Section 404 of the Clean Water Act. Thus, when the Corps issues a wetland permit, the DNR's role is to review the federal permit for compliance with state water-quality standards for wetlands.7. And do not forget that these boundaries . Wetlands are protected landscapes and activities such as filling, grading, and construction in wetlands are regulated by the Wisconsin Department of Natural Resources and The Army Corps of Engineers. There are no mitigation requirements for artificial exemptions. The Official Publication of the State Bar of Wisconsin. 715-822-3303. States have jurisdiction to regulate or not regulate these bodies of water. In the video, Steineke claimed that Wisconsin is one of only three states that regulates isolated and artificial wetlands the way we do.. The practicable alternatives analysis is an effective mechanism for dually meeting development and resource protection goals. Alteration of wetlands and other surface waters may have a . Ask us a Question. In some southern Wisconsin counties, the amount of wetland loss is well over 75%. Wisconsin Department of Natural Resources. 18 The draft general permit, WDNR-GP2-2012, is available at http://dnr.wi.gov/topic/Waterways/construction/wetland_GP/WDNR-GP2-2012_DRAFT.pdf. Brenda Zollitsch, policy analyst for the national wetlands managers association, said that in addition to those 18 states, some states dont call out isolated wetlands, while still protecting them by regulating dredging and filling activities. Act 118, which became effective on July 1, 2012, is a comprehensive revision of the standards and procedures used by the Wisconsin Department of Natural Resources (DNR) to issue permits for discharges into wetlands. Today, if an individual or business (the client) would like to develop an industrial park, erect a new residential subdivision, expand an agricultural operation, construct a road, utility line, or stormwater pond, or just move a driveway, the client needs to determine whether that activity could result in the fill of wetlands. Call 1-888-936-7463 (TTY Access via relay - 711) from 7 a.m. to 10 p.m. Wisconsin's endangered and threatened species list, Complete Ecological Landscapes of Wisconsin natural community descriptions. 21 First, the Act clarifies the definition of practicable by specifically referring to site availability and proximity: "(cp) 'Practicable' means reasonably available and capable of being implemented after taking into consideration cost, site availability, available technology, logistics, and proximity to the proposed project site, in light of the overall purpose and scope of the project. As noted above, for Corps-issued permits under section 404, the DNR was required to review the permit and provide water-quality certification. The proposed project will not result in significant adverse impact to wetland functional values, in significant adverse impact to water quality, or in other significant adverse environmental consequences.". Cumberland WI Office. However, the process for granting wetland permits must be used in implementing wetland water-quality standards for other environmental permits.41 This provision of the Act is critical to providing a consistent framework for wetland permitting in Wisconsin. Each time moving in toward the center of the damp area. The bills remove protections to many isolated wetlands within a half-mile radius of every city and village in Wisconsin. The terminology also can vary. The regional office that regulates activities in Wisconsin does not use NWPs but instead relies on a number of regional general permits. 24 Wis. Stat. Shallow Marshes Participating in the in-lieu fee program. Wetlands form where the shape of the land is conducive to retaining water, including flat areas or depressions with limited outflow, where groundwater is present at the land surface and in floodplains with water flow-through. Shallow and deep marshes are familiar wetlands to Minnesotans. But wetlands contribute positively to the social, economic, and environmental health of our nation in manyways: * Byfiltering pollutants, nutrients, and sediments, wetlands protect water quality in lakes, rivers, streams, and wells. Like the federal provision, there is a "recapture" provision if the exemption would cause certain adverse impacts. To understand the nature of Steinekes claim, it is important to note the distinction between federally regulated wetlands and non-federally regulated wetlands. In such a case, the hearing examiner would hold a de novo hearing in which the applicant, not the challenging party, would have the burden of proof.29 Under Act 118, the wetland-permit decision is deemed final upon issuance by the DNR, and the burden of proof is on the party challenging that decision. Wetland Protection Laws All wetlands in Wisconsin are protected under state law and regulated by the Wisconsin Department of Natural Resources. Chatwith customer service M-F 8 a.m. to 5 p.m. Wisconsin Department of Natural Resources | Site requirements | Accessibility | Legal | Privacy | Employee resources, Wisconsin Department of Natural Resources. Lobbying Interests: Legislation and administrative rules that pertain to issues that directly or indirectly impact wetland resources in Wisconsin. "19 This is significant from a reform perspective, however, because it is an explicit grant of additional authority to the DNR to issue GPs for wetland fills. The sooner it can be filled the better. 40 C.F.R. Today, most efforts aim to restore degraded wetlands and protect every wetland that remains after years of ditching, draining and filling. 281.36(3n)(b). The Court's decision brought a successful conclusion to nearly five years of litigation. It provides drinking water for 70% of Wisconsin citizens and is linked to the health of our surface waters, including wetlands. The DNR must provide public notice of the application within 15 days after the date of closure. His 10 acre is a different township but same county (fond du lac) he had to fill out a two page thing and pay $25 for permit. The first is a statewide GP for wetland discharges that are part of development for industrial, commercial, or residential purposes.17 This GP is valid for five years and will allow applicants to apply for coverage under the permit for wetland impacts of up to 10,000 square feet if the impact meets all the eligibility criteria and conditions of the general permit. A person seeking to undertake an activity under authorization of a GP typically submits to the DNR an application that describes how the proposed activity fits with the GP authorization. *For permitting questions, you may also leave a message in our voicemail box at 608-267-3125. Not Applicable - No fill to be placed in wetlands or wetlands are not under USACE jurisdiction. A wetland fill of 1/2 acre or less is permitted under NWP 39 for construction of homes, shopping centers and public institutions. Wetlands perform a number of natural functions that benefit natural ecosystems and society. The IP process in Act 118 reflects the basic concepts of the federal IP program under the CWA. The water-quality-certification process is subject to a separate Wisconsin Administrative Code chapter, chapter NR 299. Mitigation, the process by which wetland impacts can be offset by the creation or enhancement of wetlands elsewhere, has long been part of the Corps permitting process.32 The old law substantially limited the DNR's ability to consider mitigation in most projects.33 The new law eliminates those restrictions and requires mitigation for all IPs.34 In addition, the Act also requires mitigation to be considered by the DNR when it evaluates a project's impacts on wetland functional values.35, Mitigation for wetland impacts may be accomplished by the following methods:36, Under Act 118, the DNR must establish mitigation ratios consistent with federal regulations; the minimum ratio must be at least 1.2 acres of mitigation for each 1.0 acres affected by the discharge.37 The DNR must also establish a system of service areas for mitigation banks, based on watersheds in Wisconsin, that are consistent with federal mitigation-bank requirements.38 The DNR may also, in consultation with the Corps, create an in-lieu-fee program for the purpose of restoring, enhancing, creating, or preserving wetlands or other water resource features.39 Wetlands that benefit from the program must be open to the public for hunting, fishing, trapping, skiing, or hiking.40. Some species, like Brown Elfin, Jutta Arctic, Freija Fritillary, and Frigga Fritillary, are seen in bogs only in the springtime. Many of the remaining 5.3 million acres are in the northern third of the state (Wisconsin DNR 1990). About 80 percent of Wisconsin's estimated 5 million acres of wetlands enjoy federal protection because of their connections to lakes and streams. Schedule a permit pre-application meeting Waterway Team Contacts Wetland Team Contacts Submit a Waterway or Wetland Complaint Wetlands Wetlands This limitation arises in part because federal power only arises from specific provisions in the U.S. Constitution, in this case the Commerce Clause, and in part from the way Congress has exercised this power in delegating authority to the Corps to issue permits under section 404 of the CWA. Filling - Placing dredged or fill materials into a wetland (e.g., soil, wood chips, gravel, etc.) Lakes, rivers, streams, wetlands, and groundwater are part of a single hydrologic system where water is continually exchanged above and below ground. Authorized General Permits. DNR regulation The DNR regulation of wetlands may involve a property owner Is that true? Birchwood WI Office. Wetlands of Wisconsin [PDF] Related documentation. To them, a marshy low spot that provides nesting for mallards and muskrats is a hindrance to progress. Please switch to using another browser such as Edge, Firefox or Chrome. Journal of the American Water Resources Association. In addition, the legislation allows the filling of up to three acres in rural areas without a permit - increasing the risk to cranes and other wildlife that depend on rural wetlands. The significance of this is that GLM has the discretion to undertake Work Plan activities before or after frozen conditions. In your email, please include: address or location waterbody name, if applicable proposed activities in wetlands or waterways map of the project boundary 2022 College Football Playoff bowl games: Georgia, Michigan, TCU, Ohio State fill four-team field The four teams that will compete for the 2022-23 national championship have officially been decided Association of State Wetland Managers (ASWM), Summary of Initial Findings on State Isolated Wetlands Regulations, Brenda Zollitsch, ASWM, emails, Oct. 11, 2017, Assembly Majority Leader Jim Steinekes Facebook, Wisconsin Wetlands Association, Erin OBrien, phone interview, Feb. 15, 2018, Wisconsin Wetlands Association, Erin OBrien, email, Feb. 15, 2018, Office of Assembly Minority Leader Jim Steineke, spokeswoman Alesha Potter, phone interviews, Feb. 13 and Feb. 16, 2018. When asked if Steineke was claiming that Wisconsin is one of only three states that has any regulations for non-federal wetlands, Potter said Steineke meant that Wisconsin is one of only three states that regulates artificial wetlands in any form. Wetland regulatory permits are needed for any activity that would discharge fill in wetlands. Wisconsin law requires a person to obtain an individual wetland permit or to be authorized under a wetland general permit before conducting an activity that will result in a discharge of dredged material or fill material into state wetlands (also referred to as "nonfederal Please help protect, restore and explore Wisconsin's wetland wonders. The WWCT restores wetlands to fulfill mitigation requirements resulting in no net loss of wetlands, Explore resources for a variety of wetland research, ecology, and assessment topics, Find research and tools related to monitoring and assessing wetland conditions and functional values, Search the Wisconsin Wetland Inventory and wetland indicator maps to identify wetlands, The Wetland Study Council makes policy recommendations for wetland issues, The DNR wetland mitigation banking program allows permittees or exempt proponents to complete their mitigation, Discover Wisconsins interesting variety of wetlands, Learn to identify and manage Wisconsins wetland invasive species, Wetlands provide a variety of ecosystem services and recreational values to the people of Wisconsin, Wisconsin Department of Natural Resources. . 230.91-230.98. Filling in wetlands may also have negative consequences for property owners in the surrounding area as the water contained by the wetland will need to go somewhere else. Federal Section 10 (of the Rivers and Harbors Act) and/or State Chapter 30 (waters), permits may be required. The statute provides very little guidance with regard to what other GPs the DNR might issue. It is unclear whether any of the 18 states in the ASWM analysis have the exact regulations that Steineke may have been referring to in his comments. All properties are subject to prior sale, change or withdrawal. Thus, every fill, even those involving only a fraction of an acre, required an individual review. Kent did not respond to requests for comment. Wetland communities have a common characteristic - their soil, or other substrate, is periodically saturated with or covered by water. chapter 30, which governs activities in and near navigable waters.27 After submission of the application and fee, the DNR has 30 days to review the application to determine whether it is complete. He didn't look into building a shed. Cant find the answer to your question? These factors are to be considered "in its [DNR's] review under par. Currently, the Corps has issued three GPs that apply in Wisconsin.16. 10 Nationally these approvals are known as nationwide permits (NWPs); related procedures are codified at 33 C.F.R. An IP typically involves an application, public notice, a public hearing, and the development of site-specific conditions that govern any authorized activity. Zollitsch was also unaware of how other states regulate artificial wetlands. Phone number if you prefer a callback. Filling or dumping with any material Erecting any structures, including in a stream Destroying or removing vegetation, including by use of motorized vehicles Drainage or disturbance of the water table Paving Exceptions to the above are noted below in the next section These activities are allowed in a wetland and transition zone without a permit: In late December, Assembly Majority Leader Jim Steineke, R-Kaukauna, posted a video to his public Facebook page describing the impetus behind his bill, now heading to Gov. Wisconsin Matt Flynn Legislation exempted Foxconn from some environmental requirements, allowing the company to fill in wetlands that are regulated by the state and change the course of. Permit applicants must complete a practicable alternatives analysis to demonstrate the proposed project cannot avoid wetland impacts and that the selected project alternative minimizes wetland impacts to the maximum extent practicable while meeting the basic project purpose. For state and federal regulatory purposes wetland impacts are classified as either temporary or permanent. At present, Wisconsin has lost 47% of its original ten million acres of wetlands. - Produced by the University of Wisconsin-Madison School of Journalism and Mass Communication, In late December, Assembly Majority Leader Jim Steineke, R-Kaukauna, posted a, to his public Facebook page describing the impetus behind his. This program aims at minimizing adverse impacts to waters of the United States (including wetlands) and regulates lling, grading, and other land disturbing activities in those areas. or fill material into nonfederal wetlands, unless the activity qualifies for a state exemption. It simply says that the DNR "may issue wetland general permits in addition to those required [by the Act] to regulate other discharges that affect wetlands in this state. The Observatory investigated how Wisconsin regulates wetlands and whether the Badger State is as unique as the representative says it is. It's a big fat middle finger to Article IX of the Wisconsin State Constitution and the principle that the state oversees water in the state in trust for the public, not as broker in a sole . pt. www.dewittross.com, Many CWA functions, such as issuance of wastewater-discharge permits, have been delegated to the DNR to administer. Developers in Wisconsin have been stridently pushing their view in recent months. Wisconsin Department of Natural Resources wetland staff felt pressured to quickly review and approve a permit to let Atlanta-based Meteor Timber fill 16 acres of high quality wetland in order to build part of a $75 million frac mining and processing operation. 8 33 CFR 328.1 (a). N.J.A.C. All rights reserved. Within 30 days after the application has been submitted or 10 days after the DNR receives material following a request for additional information, the application is closed. 7 Those standards are found in Wisconsin Administrative Code chapter NR 103. Paul G. Kent, U.W. One exception: If more than 10,000 square feet. The Wisconsin Wetlands Association and Wisconsin Realtors Association, a self-proclaimed "unlikely partnership," issued a joint press release heralding the measure. At the time, the DNR granted a permit to fill the rare wetland to Meteor Timber, an Atlanta-based company. But the Trump administration has sought to narrow what falls under its definition and what gets federal protection. Act 118 provides for GPs in some situations. He noted that nature will fill open spaces with plants which . Similarly, the evaluation of wetland impacts often was fraught with disagreement. See 33 C.F.R. She participated in the development of the revisions to Wisconsins wetlands law through her representation of several Wisconsin farm organizations. The DNR must also issue a GP for discharges of any size that are necessary for routine utility construction and maintenance projects.12, In addition, the DNR is required to issue GPs that are part of a development for industrial, commercial, residential, agricultural, municipal, or recreational purposes "if that discharge does not affect more than 10,000 square feet of wetland," approximately 0.2 acres.13 A GP must also be issued for discharges that are necessary for the "construction, reconstruction, or maintenance of a bridge or culvert" that is part of a city, village, town, or county transportation project.14, The Act also requires the DNR to issue GPs "that are consistent with and correspond to, any [wetland] general permits that are issued" by the federal government.15 The Corps is charged with reviewing and issuing regional GPs for wetland disturbances to determine compliance with the CWA. They've backed legislation (AB 547/SB 600) that would allow filling of wetlands without even a permit. First, every applicant for an IP must meet with the DNR before submitting the application to discuss the details of the proposed discharge and the requirements for submitting the application and delineating the wetland.25 It is anticipated that this pre-application meeting will help applicants navigate the permitting process more efficiently and alert them to potential problems before the application is filed. attached report, entitled GLW Wetland Determination Memo (9/20/2022)). Association for State Wetland Managers website, accessed Feb. 13, 2018 2022 State Bar of Wisconsin. In determining whether or not to issue a permit, the MDEQ must consider the following factors: In short, a large number of land development activities have the potential to involve wetland regulations. Each type of permit is described below. Unlike wetland impacts, the distribution of wetland restorations throughout the state is not predominately a function of land use and development. Some are drier than others and may have standing water or saturated soil. chapter 283, and permits for minor air-emission sources under Wis. Stat. It requires the DNR to consider environmental impacts in a holistic manner, while preserving the requirement to avoid and minimize wetland impacts. The Observatory investigates. Those standards are now summarized in Wis. Stat. That is not the case with section 404 permits, which the Corps issues. Activities authorized by individual permits are subject to compensatory mitigation requirements, as are nonfederal exemptions impacting greater than 10,000 square feet in urban areas or 1 acre of wetlands in rural areas. Much of this remaining wetland acreage was at one time disturbed, either by drainage (followed by restoration) or by being cleared, repeatedly burned, grazed or periodically plowed (Curtis 1959). The EPA has promulgated rules governing mitigation standards and procedures. Is that true? To date, the DNR has issued two GPs. Assembly Majority Leader Jim Steinekes Facebook video, posted Dec. 20, 2017 In many cases involving wetlands, issues associated with navigable-water permits under Wis. Stat. Annual reductions in wetland impacts attributed to the practicable alternatives analysis do not include project proposals that dont result in a permit application due to not being able to meet applicable legal standards. The Wetland Identification Program assists landowners with determining if wetlands are present on their property. Impacts to Wisconsin's wetlands may be authorized through a variety of activity-specific general permits, individual permits or exemptions. At least 23 states in the country have some provisions on their books that go above and beyond federal law and have protections in some way shape or form for isolated wetlands.. Call 1-888-936-7463 (TTY Access via relay - 711) from 7 a.m. to 10 p.m. Wetlands_Contact_Wetland Program Coordinator, Wetlands_Contact_Mitigation Banking Coordinator, Dahl, Wetland Losses in the United States 1780's to 1980's, 2013 Guidelines for Wetland Compensatory Mitigation in Wisconsin, Version 1, Chapter 3, In Lieu Fee Credit Availability and Pricing. Kent did not respond to multiple requests for comment. Act 118 represents a significant change to the process for regulating wetland activities. However, as stated above, GLW will undertake all Work Plan drilling Further complicating the regulatory picture is the fact that some wetlands are subject only to state jurisdiction while others are subject to both state and federal jurisdiction. The Act both requires and authorizes the DNR to issue GPs. Finally, if a person requests a contested-case hearing on the DNR's final decision, the procedures also parallel those applicable to chapter 30 permit proceedings.28 This is another important change from prior law. Currently, 43% of all federally-listed threatened and endangered species use wetlands at some point in their life cycles (Feierabend 1992). Wisconsin Wetlands Association, Erin OBrien, email, Feb. 15, 2018 Scott Walkers desk, which removes Wisconsin Department of Natural Resources oversight over non-federal wetlands, including artificially-created and so-called isolated wetlands. 330. It requires the use of mitigation so that wetland permitting will result in a net gain of wetlands in Wisconsin. Nick Haus, a project manager for Wisconsin Wetlands, which owns the mitigation bank near Cornell, said the company's credits are worth between $40,000 . Many of the remaining 5.3 million acres are in the northern third of the state (Wisconsin DNR 1990). Read our press release here. The standard compensation ratio for on-site, near-site or off-site mitigation is 1.5:1. Appreciating how the new law aims to achieve the stated goals of Act 118 requires better understanding the complex federal and state regulatory environment governing wetlands. Wisconsin's losses are reflective of the national status of wetlands; it is estimated that one-half of the nation's original 221 million acres of wetlands have been lost (Feierabend 1992). While we work on the problem, please submit your comments about this article or feedback to the Wisconsin Lawyer editors to wislawmag@wisbar.org. Were having technical problems with the Add a Comment feature at the moment. section 281.36, is directed at wetland fills. . Second, the timelines for the IP permit process are now set forth by statute.26 These procedures track the procedures applicable to permits issued under Wis. Stat. Recent changes to Wisconsin law streamline the process of coordinating land development with protection of wetlands. Permits for filling or dumping into waters of the United States, including federal wetlands, are issued by the U.S. Army Corps of Engineers, under, In Wisconsin, the state government maintains the authority to regulate non-federal wetlands through the. A request for a public informational hearing must be made within 20 days after the notice is given. 2002, is a partner at DeWitt Ross & Stevens, Madison, whose practice focuses on environmental law and government relations. This is referred to as the "date of closure.". Purchasing credits from a mitigation bank in the state; Completing mitigation within the same watershed or within one-half mile of the discharge site; or. On the claim that Wisconsin is one member of a group of three states that regulates isolated wetlands in a similar way, The Observatory also rates this claim as. He is seen here at the State of the State address on Jan. 24, 2018. However, once the DNR issued a chapter 30 permit, any person challenging that permit had the burden of proof.30 Thus, hearings involving chapter 30 and wetland fills for the same project often involved conflicting procedures concerning burden of proof and order of presentation. Not too bad. Further loss or degradation of wetlands would affect a disproportionate share of Wisconsin's rare species. A description of proposed activities in wetlands or waterways. Water quality is often dependent upon wetlands because they serve to trap sediment, remove nutrients, protect shorelines and slow the effects of flood water. , now heading to Gov. get our expert advice. If a public hearing is requested, the public comment period extends to 10 days after the close of the hearing. Wetlands are not solely open-water marshes; the category also includes wet meadows and prairies, forested wetlands, and cultivated fields. Fish and Wildlife Service, DNR, the Natural Resources Conservation Service, Ducks Unlimited, the Wisconsin Waterfowl Association and county land and water conservation departments. sign in sign up. Wetlands can be present in urban as well as rural areas. Meteor Timber wanted to cut down trees and fill in groundwater flows and streams in the area in order to make way for a $75 million frac sand loading facility. Since 2001, Wisconsin law has required a permit to discharge fill into wetlands that do not fall under federal jurisdiction ("nonfederal wetlands"). chapter 30, permits for routine wastewater discharges under Wis. Stat. Included beyond the scope of protections under the Clean Water Act are isolated or artificial wetlands that do not have sufficient hydrologic connections to the nations navigable waters. The terminology also can vary. The Act provides some additional flexibility in this area.23. Wisconsin Department of Natural Resources, DNR Wetlands website, March 12, 2018 Wisconsin Legislative Reference Bureau, Assembly Bill 547, 2017 Wisconsin's losses are reflective of the national status of wetlands; it is . 4 Under federal law, wetlands are those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Jordan K. Lamb, U.W. "This is a high-quality and rare type of wetland." Despite the special designation by its own ecologists, the DNR granted a wetland-fill permit for the area in 2017 to Atlanta-based Meteor Timber, allowing the company to cut down the trees and fill in groundwater flows and streams. The permit process in the Act, codified at Wis. Stat. Rapanos v. United States, 547 U.S. 715 (2006). Exempt projects do not require a practicable alternatives analysis. During her unsuccessful run for U.S. Senate, Republican state Sen. Leah Vukmir claimed that 3.4 million people would lose employer-sponsored health care coverage if Congress passed Medicare for All, a bill co-sponsored by her opponent, Democratic U.S. Sen. Tammy Baldwin. Wetland mitigation banks are restorations of drained historic wetlands, enhanced existing wetland that has been degraded or created wetlands whose purpose is to provide credits to permittees to offset impacts to existing wetlands. The legislature made several changes with the goal of improving and clarifying the permit process. 9 For these nonfederal wetlands, the DNR became the permit-issuing authority and issued approvals based on state-law procedures. Regulations Wetlands are protected by local, state, and federal laws. 401 27. 32 33 C.F.R. 1891 Wis. Laws ch. On April 13, 2022, the Wisconsin Supreme Court refused to take up a lawsuit involving Meteor Timber's request for a permit that would allow the out of-state frac sand company to destroy rare wetlands in Monroe County. Address or location of proposed activities. Homeowners generally need permits from local, state, and/or federal agencies to engage in these activities. Scott Walkers desk, which removes Wisconsin Department of Natural Resources oversight over non-federal wetlands, including artificially-created and so-called isolated wetlands. Some members of the environmental-protection community expressed concerns that these changes will make it easier to fill wetlands and that mitigation of such fills is not an adequate compensation or protection.3. Wisconsin Wetlands: The classification system used by the Dept. Concurrent with its review of practicable alternatives, the DNR must consider the following factors when considering the impacts to wetland functional values: the project's direct, cumulative, and secondary effects; the impact on functional values resulting from the mitigation; and the "net" positive or negative environmental impact of the project.24 This list requires the DNR to adopt a more holistic view of the project and its overall environmental impacts when assessing wetland impacts. Applicable - Fill will be placed in wetlands under the jurisdiction of the USACE . 9 2001 Wis. Act 6 (creating Wis. Stat. From the outset of federal regulation of wetlands, the Corps has used a variety of general permits to allow for expedited and standardized review of minor wetland fills.10 A general permit (GP) applies to a defined set of minor or routine activities for which a standard set of conditions can be applied. 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