Wisconsin Statutes 281.165 – Compliance with water quality standards for wetlands
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Wisconsin Statutes 281.165
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
- Village: means incorporated village. See Wisconsin Statutes 990.01
(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.
281.165(4)(a) (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 U.S. Code § 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.