Environment, Natural Resources, and Outdoor Recreation

The Clean Air Act (CAA), as amended, is a comprehensive federal law that regulates outdoor air
pollutants. Much of the state’s air pollution program in ch. 285, Stats., implements the CAA. This issue
brief highlights some key provisions of the CAA and corresponding provisions in state law.

This issue brief provides an overview of state law regarding private on-site wastewater system (POWTS) sanitary permits; inventory, maintenance, and inspection requirements; and a grant program for certain owners of failing POWTS.

Approximately 40 percent of Wisconsin households derive drinking water from a private well. If the groundwater accessed by a private well becomes contaminated, financial assistance may be available under the Well Compensation Grant Program administered by the Department of Natural Resources.

The navigable waters of Wisconsin are held in trust, under the public trust doctrine, by the state for the benefit of the public. With limited exceptions, all lakes, streams, sloughs, bayous, and marsh outlets that are wholly or partly within the state, are considered “navigable” for purposes of the public trust doctrine if they are “navigable in fact.” This issue brief provides an overview of the permits available under ch. 30, Stats., with specific focus on the placement of piers in a navigable water. 

Surface water quality is regulated primarily under the federal Clean Water Act (CWA). Although the U.S. Environmental Protection Agency develops national criteria for certain pollutants and retains an oversight role, the state Department of Natural Resources exercises “delegated authority” to implement many CWA requirements.

The Managed Forest Land (MFL) program is the primary forest tax law program in Wisconsin and is administered by the Department of Natural Resources. In exchange for meeting program requirements and following an approved management plan, MFL owners pay MFL program rates for property enrolled in the program instead of property taxes. This issue brief summarizes some of the key components of the MFL program.

The Wisconsin Environmental Policy Act (WEPA), set forth in s. 1.11, Stats., requires state agencies to include a statement on environmental impacts in every recommendation, report, proposal for legislation, or other agency action, that significantly affects the quality of the human environment. WEPA is a procedural statute that requires an agency complete certain steps before reaching a final decision on any action that significantly affects the quality of the human environment, such as a permit application or proposed rulemaking. However, WEPA does not dictate an agency’s particular final decision on that action.

This information memorandum discusses the impacts of the new understanding of “adjacent” wetlands. It provides an overview of federal and state wetland permitting, presents a timeline of significant judicial and regulatory actions interpreting “adjacent,” and then summarizes the 2023 Supreme Court decision and the subsequent federal rule revision. Finally, it discusses how these developments affect Wisconsin’s regulation of wetlands.