March 9, 2012
Creating Opportunities for
Environmental and Economic
Growth
Wetlands regulation and
protection has been, and
continues to be, a
particular interest of mine.
In 1999, I co-authored
Wisconsin Act 147, which
created the state’s first
wetland mitigation program
within the Department of
Natural Resources (DNR). The
new program could be used as
a tool for businesses or
individuals who may propose
a development project that
might impact a nearby
wetland. A primary goal of
the program was to offset
any wetlands potentially
lost with a net gain of
higher quality wetlands.
The 1999 law set the stage
for an innovative
alternative which I believed
could be used to its fullest
potential to the benefit of
both the environment and the
economy. With a practical
wetland mitigation program
in place, a responsible
project could move forward,
so long as higher quality
wetlands would be restored
or created, and no
significant harm would come
to the environment or
functional value of the
wetland. I believed in the
program then, and I believe
in it now.
Under the law, the DNR is
required to submit
informational reports to the
Legislature every two years
on the progress and
performance of wetland
permitting and mitigation.
In 2007, the non-partisan
Legislative Audit Bureau
performed a comprehensive
audit, analyzing both the
mitigation program and
permitting process for
activities occurring in or
near wetlands. The audit
made a number of specific
and valuable recommendations
for the Legislature to
consider, which I believe
should be advanced and
implemented.
To that end, I introduced
Senate Bill 368 this
session, along with the
Chairman of the Assembly
Natural Resources
Committee. Over the last
year, we worked closely with
the DNR and a number of
interested groups and
individuals to craft this
new legislation which
updates the wetland
regulation and mitigation
program to make it more
viable and effective.
Important to note, we
remained true to the
original goal of the program
for a net gain of better and
higher quality wetlands.
SB 368 strikes a necessary
balance between economic and
environmental benefits by
providing more flexibility
for proposed economic
development projects, while
at the same time, fostering
more opportunities for the
restoration and creation of
wetlands. The bill upholds
the intent of the original
legislation by allowing for
greater consideration of
wetland mitigation projects
to offset wetland impacts,
while maintaining the
aforementioned net gain
policy for wetland
enhancements.
The standard that any
potential wetland impact be
first avoided, then
minimized, and then possibly
mitigated remains intact
within the bill, and
mitigation will now be
required for larger projects
involving more sensitive
areas, whereas under current
law, it is voluntary. Under
the bill, the DNR may issue
more generalized permits for
minor projects impacting
wetlands for certain areas,
similar to those permits
currently issued by the
federal government. Issuing
general permits rather than
customized permits for small
projects will help expedite
the process and allow the
DNR to focus its time and
resources on the truly
important, and much larger,
wetland projects.
SB 368 also establishes a
wetland restoration fund
which project proponents
would pay into, and allows
the DNR to enter into
agreements with private
wetlands organizations to
perform wetland restoration
and creation. Any project
that utilizes such funds
must be open for hunting,
fishing, trapping,
cross-country skiing, and
hiking, but the DNR may
establish reasonable
restrictions on the use of
the land for public safety
reasons or to protect a
unique plant or animal
community.
While the bill allows for
greater consideration of
mitigation or projects that
may boost the local or state
economy, the DNR retains its
authority and responsibility
to deny any permit if it
believes there will be a
significant adverse
environmental impact to
wetlands or water quality.
Further, nothing in the bill
guarantees a person will be
granted a permit simply
because there may be an
economic benefit to their
proposed project, or are
proposing a mitigation
project. The DNR remains the
final decision-maker in this
process and the steward of
Wisconsin’s wetlands, as it
should be.
Senate Bill 368 was recently
approved by both Houses of
the Legislature, and just
recently signed into law as
2011 Wisconsin Act 118. I
was proud of the work done
on this bill, as well as the
initial Wetlands Mitigation
Act, and other wetlands
protections measures I have
supported and advanced over
the years. I believe the
new wetlands regulation and
mitigation law maintains the
high standards we have set
for wetlands protection in
Wisconsin, while
simultaneously creates a
more effective program to
support economic development
and job creation where
appropriate, and needed
most.
-30-
Sen. Kedzie can be
reached in Madison at P.O.
Box 7882, Madison, WI
53707-7882 or by calling
toll-free 1 (800) 578-1457.
He may be reached in the
district at (262) 742-2025
or on-line at
www.senatorkedzie.com
