2023 - 2024 LEGISLATURE
LRB-0118/1
ZDW:skw
2023 SENATE BILL 255
April 20, 2023 - Introduced by Senator COWLES, cosponsored by Representatives
MURSAU, BEHNKE, S. JOHNSON, KITCHENS and O'CONNOR. Referred to
Committee on Natural Resources and Energy.
1 AN ACT to amend 281.36 (3r) (e) of the statutes; relating to: public access to
2 wetlands benefitting from the in lieu fee subprogram.
Analysis by the Legislative Reference Bureau
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.
Under current law, one method by which wetland mitigation may be
accomplished is participating in the in lieu fee subprogram. Under this subprogram,
 2023 - 2024 Legislature -2- LRB-0118/1
ZDW:skw
SENATE BILL 255
payments are made to DNR or another entity for the purposes of improving or
preserving wetlands or other water resource features.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
1 SECTION 1. 281.36 (3r) (e) of the statutes is amended to read:
2 281.36 (3r) (e) As part of the mitigation program established under par. (a), the
3 department shall establish an in lieu fee subprogram, under which payments are
4 made to the department or another entity for the purposes of restoring, enhancing,
5 creating, or preserving wetlands or other water resource features. The subprogram
6 must be approved by the U.S. army corps of engineers. The department shall
7 establish requirements for calculating the in lieu fee payments. Under the in lieu
8 fee subprogram, the wetlands that benefit from the subprogram shall may be open
9 to the public for hunting, fishing, trapping, cross-country skiing, or hiking or any
10 combination thereof, but. In determining approved mitigation projects that benefit
11 from the subprogram, the department shall, to the extent practicable, ensure that
12 there is no net loss of public access to wetlands. If the wetlands that benefit from the
13 subprogram are open to the public, the department may establish reasonable
14 restrictions on the use of the land by the public in order to protect public safety or
15 to protect a unique plant or animal community. The subprogram shall be consistent
16 with federal regulations.
17 (END)


Statutes affected:
Bill Text: 281.36(3r)(e), 281.36
Text as Enrolled: 281.36(3r)(e), 281.36