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On February 29, 2012, Wisconsin's Governor Walker signed the Wetland Development Bill into law.
Prior to its passage, the mission and intent behind the permitting process was to ensure landowners either avoided or minimized impacts to wetlands. The new law creates a dual path for wetland permits, developers can either apply for a general permit or individual permit, and are now required to submit a mitigation plan as a part of the wetland permit application. The mitigation plan can vary from buying credits at a mitigation bank, paying the DNR to support the agency's wetland restoration work, or enhancing or restoring wetlands within the surrounding watershed. Opponents of the new law believe the new mitigation plan requirement will depreciate the need for minimizing impacts.
The law also expands the definition of “practicable alternatives” from
means available and capable of being implemented after taking into consideration cost, available technology and logistics in light of overall project purposes.
To the following:
reasonably available and capable of being implemented after taking into consideration cost, site availability, available technology, logistics, and proximity of the proposed project site, in light of the overall purpose and scope of the project.
Making this more contentious are recent studies concluding that created wetland and mitigated sites rarely, if ever, recover their true wetland functionality prior to disruption.
Unsurprising, the bill was passed without the endorsement from a single wetland professional or Wisconsin environmental group, as it was unnecessary. According to the Wisconsin Department of Natural Resources (DNR) they granted permits for 93% of all projects within 22 days from January 1st through September 30th, 2011.
Read more:
National Law Review
http://www.natlawreview.com/article/governor-signs-wetlands-reform-bill-2011-wisconsin-act-118
Wisconsin Rapids Tribune
(http://dnr.wi.gov/waterways/about_us/permit_process.html)