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In
contrast to other WWA alerts, this update on our response to the findings
and potential outcomes from the Wetland Regulatory Audit does not come with
an immediate call to action. However, the issues described below highlight
some of the most pressing wetland threats and opportunities that WWA
expects to address in the coming year(s).
By
briefing WWA members and other Wetland Alert subscribers on WWA's response to these issues today, we hope to
prepare you for the time when your support and voices will be needed to
defend and improve Wisconsin's
efforts to minimize the impacts of construction activities in wetlands.
The
Bottom Line: WWA believes the primary purpose of the wetland regulatory
program should be to protect Wisconsin's
wetlands. The program's effectiveness must be measured in terms of
successful avoidance of wetland impacts rather than the rate of wetland
fill approvals or the speed of permit processing. The public expects WDNR
to conduct detailed review of the impacts of wetland development projects
and strongly opposes a fast- food approach to the review of large or
complicated projects.
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Audit Background
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 This past May, the
Wisconsin Legislative Audit Bureau (LAB) released their
report on an audit of the Wisconsin Department of Natural Resources'
(WDNR) wetland regulatory program. The audit was launched in response to
a request by 10 West-Central Legislators for:
- A comparative review of
the number of days and decision-making process to approve wetland fill
permits across WDNR regions, and
- A comparison of Wisconsin and Minnesota's wetland mitigation
programs for ideas on how to create a more
"business-friendly" wetland regulatory program.
The
scope of the audit went well beyond the topics requested and provides the
first in-depth accounting of Wisconsin's
wetland permitting program since the inception of the program in 1991.
Topics covered included staffing and finances, timelines and consistency
in permit review processes, permit compliance monitoring and enforcement,
wetland mitigation and more. The report also compared Wisconsin's wetland regulatory program
with programs in neighboring states.
On July
26th, the legislature's Joint Committee on Audits will host a hearing on
the findings in the report. This event will include a briefing on the
findings by the Legislative Audit Bureau, a response by DNR, and public
testimony. WWA will testify in support of state actions to improve the
implementation and enforcement of current wetland protection laws and in
opposition to any expansion of state-authorized wetland destruction. Our
testimony will focus on the three critical issues described below.
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Critical Issue # 1: Permit Compliance and Enforcement
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 By their own
admission, WDNR's efforts to reduce processing
times on wetland fill permit applications has hindered their ability to
monitor permit compliance or identify and address unauthorized wetland
fill. However, even with scarce time and money, WDNR identified more than
325 violations (i.e., unauthorized wetland fill or violation of permit
conditions) in an 18-month window.
WWA
Position: Deterrence of unauthorized wetland destruction must become a
higher priority for WDNR. This means more and better communication about
wetland regulatory requirements, increased emphasis on compliance
monitoring, and better use of tools and technology to identify and seek
remedies for wetland violations. WWA supports better disclosure of
wetland regulatory requirements in local zoning decisions and real estate
transactions. We also support an expansion of the authority of state
conservation wardens to issue citations for unauthorized wetland fill.
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Critical Issue #2: The Push for Business-Friendly Permit
Options
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As
mentioned above, the legislators who requested the audit asked the LAB to
identify ways to make Wisconsin's
wetland regulatory program more "business-friendly." In
response to this, the report recommends the development of general
permits for activities that have "minimal effects on wetlands,"
and calls for WDNR to evaluate and report on the advantages and
disadvantages of increasing the use of wetland mitigation banks.
The
report also highlights programs in other states that a) exempt small
wetlands from permit requirements and b) routinely authorize mitigated
wetland destruction (e.g., approve the fill of one wetland on the
condition that the developer restore another, without first requiring the
developer to examine alternatives to avoid and minimize wetland impacts).
Though the report fell short of recommending the implementation of such
programs in Wisconsin,
we may see legislative efforts to incorporate these ideas into state law.
WWA
Perspective: The report explored numerous permitting options which, if
pursued, could result in an increase in state-authorized wetland
destruction and a reduction in the amount of review required to receive a
permit to permanently fill a wetland.
Current
federal and state laws prohibit the issuance of wetland fill permits if
alternatives exist to avoid and minimize wetland impacts. General permits,
exemptions, or the promise of wetland mitigation should never be used to
circumvent this requirement.
The
auditors' recommendation for the development of general permits failed to
recognize that Wisconsin already has a robust General Permit program for
activities that will not have a significant adverse impact on wetland
acreage or function (click
here for more information). Expansion beyond what's already allowed
WILL have an adverse impact on wetlands.
WWA
will oppose exemptions to fill small wetlands or wetlands that are labelled as "low-quality"
. Small wetlands provide habitat for many of the state's
endangered and threatened animals, and even wetlands with degraded plant
communities may provide important ecological services such as flood
control, water quality improvement, or groundwater/drinking water
recharge.
Many
studies have documented poor ecological success rates and a systemic lack
of accountability for the success of wetland mitigation projects. WWA
will conduct a cautious and skeptical evaluation of any proposed
expansions to the state's wetland mitigation program to ensure that
program modifications do not lead to a further loss of wetland acres or
functions.
Rather
than entering the race to the bottom (i.e., weakening wetland protections
to match or beat the incentives other states provide to spur economic
development), Wisconsin must continue to
recognize the value of preserving wetlands for the use and enjoyment of Wisconsin residents and visitors.
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Critical Issue # 3: Permit Timelines, Tensions and
Wetlands Lost
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 The report found
that in recent years, WDNR substantially reduced the amount of time required
to approve permits to fill wetlands, while also reducing the acres of
wetlands filled. Even so, the report documented nearly 160 acres of
state-authorized wetland fill by private interests each year. But this
doesn't tell the whole story.
The audit
failed to acknowledge that the state directly destroys another 190 acres
or so annually to expand the state road system. The report also contained
virtually no discussion about the ecological impacts of 350+ acres of
annual wetland destruction.
Critics
of the WDNR regulatory program seized onto the auditors' characterization
of the application process as "complicated and confusing." They
cited this, and a finding that some permits still took more than a year
to process, as evidence for the need to simplify and streamline the
wetland permitting process. The report provided little concrete
information about which aspects of the permit process confused applicants
and caused delays. Nevertheless, the report recommended that WDNR should
develop additional guidance for permit applicants.
WWA
Perspective: WWA supports the recommendation for WDNR to improve the
clarity of application requirements and staff communication with permit
applicants. We will work with WDNR in the coming months to help them
identify and remedy the common causes of permit review delays (see
sidebar for how you can help).
That
said, we must never lose sight of the fact that
longer permit review times often accompany projects with more substantial
or complex wetland issues. WWA believes the primary purpose of the
wetland regulatory program should be to protect Wisconsin's wetlands. The program's
effectiveness must be measured in terms of successful avoidance of
wetland impacts rather than the rate of wetland fill approvals or the
speed of permit processing. The public expects WDNR to conduct
detailed review of the impacts of wetland development projects and
strongly opposes a fast-food approach to the review of large or
complicated projects.
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How You Can
Help
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Hearing Response: Legislative audit hearings typically rely on the
expert testimony of a small number of individuals and organizations, so
WWA will work closely with partner organizations and volunteers to ensure
that the Joint Committee on Legislative Audits hears credible testimony
on the key issues highlighted in this alert.
We will need all the help we can get to
generate reader responses to media coverage and press statements that
follow the hearings. Links to wetland audit media coverage have been
posted on WWA's website here, and will be updated regularly
in the coming weeks.
Click here for a beautiful
example of a wetland op-ed written by acclaimed author and WWA Board
member, Laurie Lawlor.
Improving
the Wetland Permit Process: WWA wants to help WDNR identify ways to
clarify their wetland permit application guidelines and permit review
process.
If you work as a wetland consultant and would like to submit suggestions,
please send them to WWA's Wetland Policy and
Conservation Specialist, Erin O'Brien at erin.obrien@wiscwetlands.org
or mail them to WWA at 222
S. Hamilton St., Suite 1, Madison,
WI 53703.
All comments received will be kept confidential. We will compile all
comments received and submit them to WDNR with summary information about
the number of comments of each type received. We welcome comments from
wetland professionals working in the private and public sectors.
Speak
up to oppose increases in state-authorized wetland destruction and to
support an increase in wetland monitoring and enforcement: Legislators who
call for a more business-friendly wetland permit program do so because
business owners in their region ask for it. It's important that they also
hear from their constituents asking them to uphold the aspects of state
law that require ALL permit applicants, from private landowners to major
corporations, to consider project alternatives and avoid or minimize
wetland impacts.
You can also ask your legislators to support programs that provide more
tools, information and resources to help WDNR deter unauthorized wetland
fill and monitor compliance with wetland permits and mitigation
requirements.
WWA
will promote opportunities to weigh in on specific issues in future
editions of Wetland Alerts. However, general and ongoing communications
to legislators on these issues can also help educate them on how you'd
like them to represent your interests.
Click
here for contact information for your state senator and assembly
representative.
Support
the Wetland Alert System by Joining WWA. Wisconsin
Wetlands Association's electronic Wetland News and Wetland Alerts are
sent free to anyone who cares about wetland issues, information and
events. We commonly hear from people who assume they are members of WWA
because they receive these electronic communications.
However unless you also receive our quarterly newsletter by surface mail,
we cannot include you among our list of supporting members.
Decision-makers consider the size of our membership as a reflection of
the constituency we represent. Thus the more members we represent, the
stronger our voice for wetland protection.
Click here for information
on how to become a WWA member.
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