281.165 Compliance with water quality standards for wetlands. - Wisconsin Statutes

281.165

281.165 Compliance with water quality standards for wetlands.

281.165(1)

(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 either sub. (2) or (3).

281.165(2)

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

281.165(2)(a)

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

281.165(2)(b)

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

281.165(2)(c)

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

281.165(2)(d)

(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.

281.165(2)(e)

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

281.165(3)

(3) Dunn County.

281.165(3)(a)

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

281.165(3)(a)1.

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

281.165(3)(a)2.

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

281.165(3)(a)3.

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

281.165(3)(b)

(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.

281.165 - ANNOT.

History: 1999 a. 9.