Bill would undo wetlands law
GOP measure would limit the state’s oversight
In 2001, Republican and Democratic lawmakers in Wisconsin rushed into action after a U.S. Supreme Court ruling and became the first state in the nation to approve protections for a class of land known as isolated wetlands.
They include thousands of acres of potholes, woodland depressions and other parcels that do not connect to interstate waterways.
Now, a bill being circulated by Republican lawmakers who control the Legislature would undo the law by taking away the authority of the Department of Natural Resources to assess the ecological impact of such land before it could be developed.
Supporters say that the 2001 law — passed by a Republican-controlled Assembly and a Democratic-controlled Senate — has been a roadblock for property owners and the construction industry to develop what is viewed by some as marginal land.
It follows other Republican-backed wetlands bills that have been passed since 2011 under GOP control in Madison.
The legislation would require parties building on such lands to replace, or mitigate, with new wetlands at a ratio of 1.2 acres for every 1 acre lost. But it would no longer require an environmental review from the DNR.
Generally, state law requires parties to avoid or minimize disturbance of wetlands because of the important role they play in the environment.
A sponsor, Assembly Majority Leader Jim Steineke (R-Kaukauna), said the bill would strike a balance between protecting and restoring wetlands and removing what supporters see as an economic impediment.
“The vast majority of those wetlands, you would never assume they were wetlands,” Steineke said.
He described empty lots that have been deemed wetlands as well as farm fields with depressions from tractors that are off-limits for development because they retain rainwater.
But environmentalists led by the Wisconsin Wetlands Association say the measure, if passed, places up to 1 million acres of wetlands in jeopardy. The DNR estimates that Wisconsin has about 5.3 million acres of wetlands that remain on the landscape.
Erin O’Brien, the wetlands association's policy director, said the claims of those who view isolated wetlands as marginal ignore the critical functions they serve for flood control and wildlife habitat, including nesting for waterfowl.
“The bill is not about balance, but about throwing all protections out the window,” O’Brien said.
It comes after passage of $3 billion in financial incentives this month for Foxconn Technology Group, which included environmental exemptions including for wetlands for the Taiwan-based maker of liquid crystal display equipment.
Foxconn was not a precipitating factor, Steineke said. Instead, it was driven by business groups and Republicans' long-standing concerns that the law was blocking development in some cases.
He noted Wisconsin is one of the few states that regulates isolated wetlands.
Wisconsin's regulation started after a ruling in January 2001 by the federal high court that said clean water laws did not give the U.S. Army Corps of Engineers authority over wetlands that did not connect to a stream or a river. The Corps has the authority to regulate wetlands linked to such waterways.
The ruling prompted lawmakers from both parties to act to protect isolated waterways.
Then-Gov. Scott McCallum, a Republican, signed the bill a few months later after a coalition of 72 national, state and local organizations that represented more than 320,000 citizens wrote lawmakers urging passage of the bill, according to a report by the Milwaukee Journal Sentinel at the time.
“This is without a doubt the marquee issue of the spring session, probably the entire session,” said then-Rep. Neal Kedzie (R-Elkhorn), who was chairman of the Assembly environmental committee.
The contrast between the 2001’s action and this fall's effort highlights the sentiments of many Republicans in the Legislature today who lean toward less environmental regulation.
Said Steineke: “I can’t speak for their intent. But I can speak for the fallout. All we are talking about is making a more efficient system for landowners.”