Wisconsin Assembly Bill AB254

Wisconsin 2023-2024 Regular Session

• Introduced: 5/8/23
• Refer: 5/8/23
• Failed: 4/15/24

Caption

A wetland assured delineation program, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, and granting rule-making authority. (FE)

Impact

The bill has significant implications for state law regarding wetland management. By introducing a certification for assured delineators, the bill establishes a formal recognition for trained professionals to delineate wetland boundaries, which is crucial for land use planning and development. This program is expected to maintain rigorous standards and oversight, helping to ensure that wetlands are properly identified and protected in accordance with state and federal regulations. Specifically, DNR will set requirements and fees for certification, empowering professionals while also ensuring accountability through audits and compliance checks.

Summary

Assembly Bill 254 establishes a wetland assured delineation program to enhance the regulation and protection of wetlands in the state. This new initiative by the Department of Natural Resources (DNR) allows individuals to be certified as 'assured delineators,' enabling them to delineate wetland boundaries independently without the need for prior confirmation from the DNR. This bill seeks to streamline the wetland delineation process, which is currently subject to various verification methods by the DNR, effectively reducing the administrative burden on both the department and landowners.

Contention

However, the bill is not without its points of contention. Critics express concerns that allowing uncertified individuals to delineate wetlands could lead to misrepresentations or inaccuracies in delineation, potentially undermining the ecological protections currently in place. Further, the substantial fees imposed, including a $1,200 annual certification fee and a $500 application processing fee, may limit access to this certification process for smaller environmental firms or individuals. There are also apprehensions around the potential for conflicting interests, when those delineating wetlands are not strictly regulated by the DNR.