The Wisconsin State Journal
www.wisconsinstatejournal.com

Wetlands deal on docket

Phil Brinkman
April 30, 2001

Key legislators from both political parties have reached agreement on a wetlands protection bill and could approve it as early as today.

At a news conference this morning in Manitowoc, Gov. Scott McCallum plans to call a special session of the Legislature to deal with the issue.

"He will be asking the Legislature to act immediately," McCallum spokeswoman Lisa Hull said.

Although the Legislature is scheduled to be in session this week, ordering a special session is a way of signaling to members of both parties that the bill should pass as written, with no amendments.

The bill addresses a gap in government oversight, created by a U.S. Supreme Court ruling last January, over small, isolated wetlands.

That ruling removed the authority of the Army Corps of Engineers and, by extension, the state Department of Natural Resources, to regulate wetlands not connected to a navigable waterway.

Lawmakers from both parties are eager to adopt some protection in light of the ruling, which has exposed about 1 million acres of wetlands to development. Besides being a haven for birds and other wildlife, wetlands help prevent flooding by acting as a sponge.

In calling for the special session, state Rep. Neal Kedzie, R-Elkhorn, and state Sen. James Baumgart, D-Sheboygan chairmen of their respective house's environment committees - called on their colleagues not to make any changes to the bill.

"Barring an act of God, this all should go through," predicted Kedzie.

Although drafters were still putting the finishing touches on the bill, highlights include:

Re-authorizing the DNR to regulate isolated wetlands.

Letting certain units of local government fill in or dredge small wetlands if needed to protect public safety.

Letting the DNR inspect a property if it has "reason to believe" an infraction has occurred. Previous versions of the bill had required the DNR to have "probable cause" there was a violation, a higher burden.

Letting the DNR seek a court order to go onto a property if the owner refuses.

Requiring the DNR to act on a request to alter a wetland within 120 days of receiving a completed application from the property owner.

Requiring the DNR to offer a list of "practicable alternatives" to filling or dredging, if any exist.