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| 4/21 |
Rep. Kedzie has refused to negotiate with the WI Senate, which easily passed a strong wetlands protection bill (SB 37) in February with strong bi-partisan support. While the gridlock continues, 22 letters of no regulatory jurisdication have been issued by regulators to developers anxious to fill wetlands in the past month.
AB 322 includes some VERY DANGEROUS language that would compromise protection for virtually ALL isolated wetlands in the state!
For example, one clause in the bill (Section 7) would eliminate the need to look at alternatives ("practicable alternatives") to filling any size wetland for any activity deemed by a federal, state, or local governmental body to "serve a public purpose" or "ensures public safety." Many local governing entities often justify the filling of wetlands for "public purpose" or even "public safety."
This section of the bill assumes that wetlands are, essentially, "public nuisance," and can be filled for "public purpose." Public purpose and public safety are not defined in the bill, so they would likely be broadly interpreted, and could not be easily challenged in court.
This means that isolated wetlands, especially those most vulnerable in urban and urban fringe areas, could be easily filled if the practicable alternatives analysis is waived.
As the floodwaters crest on the Mississippi River, we are reminded that WETLANDS ARE NECESSARY TO ENSURE PUBLIC SAFETY. They reduce flood frequency and amplitude, help recharge dwindling ground water and streams, cleanse and purify surface waters, and provide critical habitat to a whole host of wildlife species--waterfowl, amphibians, birds, etc.
There are few cases where wetlands need to be destroyed for public safety purposes.
The legislative gridlock on restoring regulatory protections for isolate wetlands has spurred more wetlands destruction. Several weeks ago, Menards abandoned plans for mitigation of a wetland near the site of a new store in Marinette County and instead destroyed the wetland. Now, two large wetlands are about to be filled in Waukesha County (the home of Assembly Speaker Scott Jensen).
On April 19, 2001, the Army Corps of Engineers issued two letters indicating that they had no jurisdiction over two separate proposed wetland fill activities that would encompass a total of 17 acres in Waukesha County. Barring any other state or local authorization, these wetland areas WILL BE FILLED.
In recent public communication, various representatives of the development community have suggested that wetland fill projects which have fallen beyond Corps jurisdiction are few, and small in size. As of today, the Corps has issued a total of 22 letters of "non-jurisdiction" for Wisconsin over the past month, or an average of almost "A WETLAND A DAY" lost to development.
See the Corps website for copies of the letters.
Governor Scott McCallum has indicated that "under no circumstances will I allow Wisconsin wetlands to be endangered by this {SWANCC Supreme Court] ruling...I will personally ensure Wisconsin wetlands will be aggressively protected during my administration."
It is time for Wisconsin citizens to INSIST
that the Governor and Legislature take act to halt the destruction
of additional wetlands in Wisconsin.