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Current Issues || Our Newsletter || Wetland Alerts LEGISLATIVE SESSION WRAPS UP WITH TWO WINS FOR WETLANDS
In both cases, WWA was active in discussions about how to solve the problems long before legislation was drafted, and we played a prominent role in efforts to draft and pass the bills. The story of how these bills came to pass illustrates the critical roles WWA plays to shape and advance pro-wetland policies, and the necessity of combining outreach, education and advocacy to affect such change. In photo: Governor Doyle signing the Wetland Restoration Permit bill with bill supporters standing by: Katherine Denboer (intern, Rep. Black), Lon Knoedler (Ducks Unlimited), Don Hammes (WI Wildlife Federation), Representative Spencer Black, John Maycroft (staff, Rep. Black), Jeff Nania (WI Waterfowl Association), Erin O’Brien (WWA), Becky Abel (WWA), Paula McGuire (staff, Sen. Wirch). The Wetland Identification and Notification Bill (2009 WI Act 373) will help landowners comply with wetland laws. The bill also requires the Department of Natural Resources (WDNR) to establish a fee for service program to help landowners evaluate whether their property contains wetlands. Among other things, WDNR will use the program to educate landowners about when and how to retain the services of a professional wetland delineator to identify the boundaries of wetlands on their property. This intervention will help landowners avoid and minimize wetland impacts as required under wetland laws.
But what began as a scathing critique of the WDNR’s regulatory practices evolved into an earnest effort on the part of Bies and other legislators, including Senators Mark Miller and Pat Kreitlow, to understand and address the challenges landowners face in identifying wetlands on their property. During this process WWA shared information to deflect well-intentioned proposals that would inadvertently erode wetland protections and encourage adoption of provisions that protected landowners and wetlands. Though we didn’t get everything we asked for, the provisions in this bill will go a long way to reduce wetland regulatory conflicts and unauthorized wetland fill. To read a copy of the testimony WWA provided at legislative hearings in support of this bill, click here. In photo: Representative Garey Bies and aide Andrew Nowlan with WWA’s Erin O’Brien and Jeff Nania (WI Waterfowl Association) waiting to be called into the Governor’s office to observe the signing of the Wetland Identification and Notification bill. Wetland Restoration Permit Bill (2009 WI Act 391) Streamlines State Approvals of Federally Sponsored Wetland Restoration Projects For many years, federal partners have cited permitting delays as a barrier to expanding these programs in Wisconsin. WWA has been involved in these discussions since at least 2003; however, efforts to find a remedy date back to at least 1994. Over the years, numerous agreements were struck to modify how WDNR reviews and approves federally sponsored restoration plans, but none quite solved the problem. Following lengthy discussions between WDNR, federal agencies, and non-profit partners including WWA, all parties agreed that WDNR should develop a special general permit (GP) for federally sponsored projects. Because WDNR must go through a lengthy rule-making process prior to issuing GPs, enabling legislation was needed to authorize a quicker path to implementation.
Once fully implemented, the GP for federally sponsored wetland restoration projects should result in millions of additional federal dollars for Wisconsin wetland restoration projects and hundreds, if not thousands, of additional acres restored. To read a copy of the testimony WWA provided at legislative hearings in support of this bill, click here. In photo: George Meyer (WI Wildlife Federation), Representative Spencer Black, Erin O’Brien & Becky Abel (WI Wetlands Association) and Jeff Nania (WI Waterfowl Association) brandish their commemorative pens in celebration of the Governor's signing of the Wetland Restoration Permit bill. Strong bi-partisan support for wetlands Over the summer, we will turn our attention to working with WDNR and other partners on the implementation of these two new bills. At the same time we plan to use the momentum from this session to advance other wetland policy concerns, including our ongoing efforts to remove the property tax penalties associated with restoring wetlands in agricultural landscapes. WWA thanks and congratulates the following individuals and organizations for their excellent contributions towards the passage of these bills: |
On May 18, 2010, Governor Doyle signed two important wetland bills into law. One will help reduce unauthorized wetland fill, while the other will help Wisconsin leverage more federal funding for wetland restoration projects. Both address long-standing wetland problems.
While several partners worked on this bill (see below), Representative Garey Bies was the primary author and lead advocate. The bill is a positive resolution to an ugly wetland conflict. In 2005, Rep. Bies intervened on behalf of a landowner in his district who had inadvertently filled wetlands after receiving building permits from his town. The case became quite controversial and even led to an audit of WDNR’s wetland permit program (see 
Over the winter, WWA and partners (see list below) worked to help draft and move the bill through the legislature. With tremendous support from his staff, Representative Spencer Black authored and introduced the bill (the last of his 26-year legislative career). Senator Bob Wirch stepped in at a critical moment to sponsor and introduce a companion bill in the state Senate. Thanks are also due to Senator Russ Decker and staff for helping to move the bill through committees to a floor vote in the final days of the legislative session.