Section 281.165. Compliance with water quality standards for wetlands.

 

(1)   Compliance; exemption. An activity shall be considered to comply with the water quality standards that are applicable to wetlands and that are promulgated as rules under s. 281.15 and is exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under s. 29.601 (3) or chs. 30 , 31 , 281 , 283 , 289 to 292 or 299 or specified under any rule promulgated, order issued or ordinance adopted under any of those sections or chapters, if the activity meets all of the requirements under sub. (2) , (3) , or (4) .

(2)   Trempealeau County. Subsection (1) applies to an activity that meets all of the following requirements:

(a) The wetland area that will be affected by the activity is less than 15 acres in size.

(b) The site of the activity is zoned for industrial use and is in the vicinity of a manufacturing facility.

(c) The site of the activity is within the corporate limits of a city on January 1, 1999.

(d) The governing body of the city adopts a resolution stating that the exemption under this section is necessary to protect jobs that exist in the city on the date of the adoption of the resolution or is necessary to promote job creation.

(e) The site of the activity is located in Trempealeau County.

(3)   Dunn County.

(a) Subsection (1) applies to an activity that meets the requirements under sub. (2) (c) and (d) and all of the following requirements:

1. The wetland area that will be affected by the activity is no more than 4.2 acres in size.

2. The site of the activity is zoned for technology park use and is in the vicinity of a manufacturing facility.

3. The site of the activity is located in Dunn County.

(b) Before any person engages in the activity described in par. (a) , the U.S. army corps of engineers shall have issued a permit for the activity that contains a mitigation plan that requires the creation of at least 1.5 acres of wetland for each acre of wetland affected by the activity.

(4)   Village of Ashwaubenon.

(a) Subsection (1) applies to an activity that meets all of the following requirements:

1m. The wetland area is not subject to federal jurisdiction under 33 USC 1344 , and the activity will affect less than 3 acres of that wetland area.

2. The site of the activity is zoned for community business use and is part of a tax incremental district.

3m. The site of the activity is located in the village of Ashwaubenon in the vicinity of a professional football stadium.

4m. The person who will engage in the activity shall have provided wetland mitigation at the ratio of at least 1.5 acres of wetland for each acre of wetland affected by the activity. Evidence of the mitigation can be provided by a written affidavit demonstrating a purchase of credits from any of the wetland mitigation banks that are located in the state and that are approved by the department or by an alternative mitigation project approved by the department.

1999 a. 9 ; 2011 a. 6 , 118 ; 2015 a. 196 .