S.F. 2069 Section 1. NEW SECTION . 456B.21 Short title. 1 This subchapter shall be known and may be cited as the “Iowa 2 Wetlands Protection Act” . 3 Sec. 2. NEW SECTION . 456B.22 Definitions. 4 As used in this subchapter, unless the context otherwise 5 requires: 6 1. “Creation” means the establishment of a wetland where 7 one did not formerly exist and involves wetland construction 8 on nonhydric soils. 9 2. “Enhancement” means activities conducted in an existing 10 wetland to improve or repair its existing or natural wetland 11 functions and values. 12 3. “Fill material” means any material free of toxic 13 contaminants, other than trace amounts, used to fill an aquatic 14 area, replace an aquatic area with dry land, or change the 15 bottom elevation of a wetland for any purpose. “Fill material” 16 does not include any of the following: 17 a. Material resulting from normal farming, silviculture, 18 or ranching activities, such as plowing, cultivating, seeding, 19 or harvesting for the production of food, fiber, or forest 20 products. 21 b. Material used to maintain existing structures, 22 including emergency reconstruction of recently damaged 23 parts of serviceable structures such as dikes, dams, levees, 24 breakwaters, causeways, or bridge abutments or approaches, or 25 transportation structures. 26 4. “Filling” means adding fill material into a wetland 27 for the purpose of creating an upland, changing the bottom 28 elevation of the wetland, or creating impoundments of water. 29 5. “Function” means properties of wetlands that provide 30 ecological or economic benefits including but not limited 31 to flood flow alteration, groundwater recharge, groundwater 32 discharge, sediment and toxicant retention, nutrient removal or 33 transformation, wildlife and aquatic diversity and abundance, 34 uniqueness, and historical and recreational value. These 35 -1- LSB 5673XS (4) 83 tm/nh 1/ 16

S.F. 2069 functions can be evaluated using the wetland evaluation 1 technique developed by the United States army corps of 2 engineers or a similar technique developed by the department. 3 6. “Isolated wetland permit” means a permit obtained from 4 the department to engage in a regulated activity in an isolated 5 wetland. 6 7. “Isolated wetlands” means wetlands that meet all of the 7 following criteria: 8 a. The wetlands are inundated or saturated by surface or 9 groundwater at a frequency and duration sufficient to support, 10 and that under normal circumstances do support, a prevalence 11 of vegetation typically adapted for life in saturated soil 12 conditions and possess hydrophytic vegetation, hydric soils, 13 and wetland hydrology. 14 b. The wetlands do not have a surface water connection to 15 United States navigable waterways or as otherwise defined by 16 the United States army corps of engineers. 17 c. The wetlands are delineated in accordance with current 18 delineation specifications of the United States army corps of 19 engineers. 20 d. The wetlands include but are not limited to marshes, 21 bogs, fens, and isolated ponds. 22 8. “Mitigation” means applying the following actions in 23 order of acceptability and preference to the department: 24 a. Avoiding an adverse impact. 25 b. Where adverse impacts cannot be avoided, minimizing an 26 adverse impact. 27 c. Where adverse impacts cannot be avoided or minimized, 28 rectifying an adverse impact by repairing, rehabilitating, or 29 restoring the affected environment. 30 d. Where adverse impacts cannot be avoided, minimized, or 31 rectified, compensating for the adverse impact by replacing 32 or providing substitute resources or environments of equal or 33 greater quality and functions. 34 9. “Mitigation bank service area” means the designated area 35 -2- LSB 5673XS (4) 83 tm/nh 2/ 16

S.F. 2069 where a mitigation bank provides appropriate compensation for 1 impacts to wetlands and other aquatic resources and that is 2 designated as such in accordance with the process established 3 in the federal guidance for the establishment, use, and 4 operation of mitigation banks. 5 10. “Off-site mitigation” means wetland restoration, 6 creation, enhancement, or preservation occurring farther 7 than one mile from a project boundary, but within the same 8 watershed. 9 11. “On-site mitigation” means wetland restoration, 10 creation, enhancement, or preservation occurring within and not 11 more than one mile from the project boundary, and within the 12 same watershed. 13 12. “Practicable” means available and capable of being 14 executed with existing technology and without significant 15 adverse effect on the economic feasibility of the project in 16 light of the overall project purposes and in consideration of 17 the relative environmental benefit. The department shall have 18 the final determination as to what measures are practicable. 19 13. “Preservation” means the protection of ecologically 20 important wetlands in perpetuity through the implementation of 21 appropriate legal mechanisms to prevent harm to the wetlands. 22 “Preservation” may include protection of adjacent upland areas 23 as necessary to ensure protection of a wetland. 24 14. “Restoration” means the reestablishment of a previously 25 existing wetland at a site where the wetland has ceased to 26 exist. 27 15. “Watershed” means a common surface drainage area. 28 “Watershed” is limited to those parts of the cataloging units 29 that geographically lie within the borders of this state. 30 16. “Wetlands” means those areas that are inundated 31 or saturated by surface or groundwater at a frequency and 32 duration that are sufficient to support, and that under normal 33 circumstances do support, a prevalence of vegetation typically 34 adapted for life in saturated soil conditions. “Wetlands” 35 -3- LSB 5673XS (4) 83 tm/nh 3/ 16

S.F. 2069 includes swamps, marshes, bogs, and similar areas that are 1 delineated in accordance with the United States army corps of 2 engineers. 3 17. “Wetland mitigation bank” means a site where wetlands 4 have been restored, created, enhanced, or, in exceptional 5 circumstances, preserved expressly for the purpose of providing 6 mitigation for impacts to wetlands and that has been approved 7 in accordance with the process established in the federal 8 guidelines for the establishment, use, and operation of 9 mitigation banks. 10 Sec. 3. NEW SECTION . 456B.23 Permitting guidelines. 11 1. A proposed filling of an isolated wetland shall 12 require an isolated wetland permit and be subject to review 13 requirements established under this subchapter. 14 2. A review shall require the submission of a preactivity 15 notice that includes an application containing an acceptable 16 wetland delineation, a wetland categorization, a description 17 of the project, a description of the acreage of the isolated 18 wetland that will be subject to filling, site photographs, and 19 a mitigation proposal for the impact to the isolated wetland. 20 3. The applicant shall conduct mitigation for the proposed 21 filling of an isolated wetland that is subject to review. With 22 the approval of the director, the applicant shall conduct 23 either on-site mitigation, mitigation at a wetland mitigation 24 bank within the same United States army corps of engineers 25 district as the location of the proposed filling of the 26 isolated wetland, or off-site mitigation. 27 4. A person that has submitted a preactivity notice shall 28 complete the filling within two years after the end of the 29 thirty-day period following the receipt of the preactivity 30 notice by the department. If the filling is not completed 31 within that two-year period, the person shall submit a new 32 preactivity notice. 33 Sec. 4. NEW SECTION . 456B.24 Permits. 34 1. A review for an isolated wetland permit shall require all 35 -4- LSB 5673XS (4) 83 tm/nh 4/ 16

S.F. 2069 of the following: 1 a. All of the information required to be submitted with a 2 preactivity notice. 3 b. A full antidegradation review. 4 c. The submission of information indicating whether high- 5 quality waters are to be avoided by the proposed filling of the 6 isolated wetland. 7 2. The department shall issue or deny an isolated wetland 8 permit not later than one hundred eighty days after the receipt 9 of an application for the permit. The department shall not 10 issue an isolated wetland permit unless the applicant has 11 demonstrated that the proposed filling will not prevent or 12 interfere with the attainment or maintenance of applicable 13 state water quality standards. 14 3. a. The department may deny an isolated wetland permit 15 if the department determines that the proposed filling of the 16 isolated wetland will result in an adverse short-term or long- 17 term impact on water quality in the state. 18 b. The department may impose any practicable terms and 19 conditions on an isolated wetland permit to ensure adequate 20 protection of water quality in the state. 21 c. Prior to the issuance of an isolated wetland permit, or 22 prior to, during, or after the filling of the isolated wetland 23 that is the subject of the permit, the department may require 24 the applicant to perform various environmental quality tests, 25 including, without limitation, chemical analyses of water, to 26 sediment, or fill material and bioassays, in order to ensure 27 adequate protection of water quality. 28 4. Mitigation for the proposed filling of an isolated 29 wetland that is subject to review shall occur in the following 30 order: 31 a. Practicable on-site mitigation. 32 b. Reasonably identifiable, available, and practicable 33 off-site mitigation within the same watershed. 34 c. If the proposed filling of the isolated wetland will 35 -5- LSB 5673XS (4) 83 tm/nh 5/ 16

S.F. 2069 take place within a mitigation bank service area, within that 1 mitigation bank service area. If there is a significant 2 ecological reason that the mitigation location should not 3 be limited to the watershed in which the isolated wetland 4 is located and if the proposed mitigation will result in a 5 substantially greater ecological benefit, in a watershed that 6 is adjacent to the watershed in which the isolated wetland is 7 located. 8 Sec. 5. NEW SECTION . 456B.25 Wetland mitigation banks. 9 1. The department shall establish a list of approved wetland 10 mitigation banks. In establishing the list, the department 11 shall give preference to wetland mitigation banks that are 12 comprised of areas involving the restoration of previously 13 existing wetlands. The list established under this section 14 shall not exclude state or local agencies from developing 15 wetland mitigation banks. 16 2. The department may establish and operate a wetland 17 mitigation bank for use by any individual or entity, including 18 any state agency or department, for mitigation purposes in 19 accordance with this subchapter. 20 3. By December 31 of each year, the director shall issue 21 an annual report to the general assembly on the total acreage 22 of isolated wetlands that were subject to filling during the 23 preceding year and the total acreage of isolated wetlands 24 restored, created, enhanced, or preserved through mitigation 25 that same year as a result of isolated wetland permits. 26 Sec. 6. NEW SECTION . 456B.26 Permit review. 27 1. The director shall do all of the following in relation to 28 isolated wetland permits: 29 a. Prescribe the form of the application for an isolated 30 wetland permit. 31 b. Provide an explanation to an isolated wetland permit 32 applicant for the proposed denial of the application. 33 c. Within fifteen business days after the receipt of an 34 application, the director shall notify the applicant if the 35 -6- LSB 5673XS (4) 83 tm/nh 6/ 16

S.F. 2069 application is complete. If the application is not complete, 1 the director shall include in the notice an itemized list of 2 the information or materials that are necessary to complete the 3 application. Time periods specified in this subchapter shall 4 not apply until the application is determined by the director 5 to be complete. If the applicant fails to provide information 6 or materials that are necessary to complete the application 7 within sixty days after the receipt of the application, the 8 director may return the incomplete application to the applicant 9 and take no further action on the application. 10 d. Except as provided in subsection 2, the director shall 11 publish notice of the receipt of a complete application in a 12 newspaper of general circulation in the county housing the 13 isolated wetland proposed to be filled. The director shall 14 accept comments concerning the application and requests for a 15 public hearing concerning the application for not more than 16 thirty days following the publication of notice. 17 2. If a public hearing is requested during the thirty-day 18 comment period and the director determines there is significant 19 public interest, the department shall conduct a public hearing 20 concerning the application. Notice of the public hearing shall 21 be published not later than thirty days prior to the date of 22 the hearing in a newspaper of general circulation in the county 23 in which the proposed filling of the isolated wetland that is 24 the subject of the application is to take place. If a public 25 hearing is requested concerning an application, the department 26 shall accept comments concerning the application until fifteen 27 business days after the public hearing. A public hearing 28 conducted under this section shall take place not later than 29 ninety days after the director notifies the applicant that the 30 application is complete. 31 Sec. 7. NEW SECTION . 456B.27 Mitigation. 32 1. The department may require mitigation for impacts to 33 isolated wetlands to replace or compensate for the long-term 34 and short-term economic, environmental, and natural resource 35 -7- LSB 5673XS (4) 83 tm/nh 7/ 16

S.F. 2069 benefits that would be lost by the proposed regulated activity. 1 2. Mitigation for impacts to isolated wetlands shall be 2 conducted in accordance with the following ratios: 3 a. For isolated wetlands, other than forested isolated 4 wetlands, mitigation located at an approved wetland mitigation 5 bank shall be conducted at a rate of two times the size of the 6 isolated wetland area being impacted. 7 b. For forested isolated wetlands, mitigation located at an 8 approved wetland mitigation bank shall be conducted at a rate 9 of two and one-half times the size of the isolated wetland area 10 being impacted. 11 3. Mitigation that involves the enhancement or preservation 12 of existing isolated wetlands shall be calculated and performed 13 in accordance with existing state and federal laws and 14 regulations for wetlands. 15 4. An applicant shall demonstrate that the mitigation 16 site will be protected in perpetuity and that appropriate 17 practicable management measures are, or will be, in place to 18 restrict harmful activities that jeopardize the mitigation. 19 Sec. 8. NEW SECTION . 456B.28 Exemptions. 20 1. The requirement for an isolated wetlands permit does not 21 apply to a discharge that is the result of any of the following 22 activities: 23 a. Normal farming, silviculture, or ranching activities. 24 b. Maintenance, emergency repair, or reconstruction of 25 damaged parts of structures that are in use in the waters of 26 the state. 27 c. Construction or maintenance of farm ponds, stock ponds, 28 or irrigation ditches. 29 d. Maintenance of drainage ditches. 30 e. Construction or maintenance of farm roads, forest roads, 31 or temporary mining roads that is performed in accordance with 32 best management practices, as determined by the department, to 33 ensure all of the following: 34 (1) That the flow and circulation patterns and chemical 35 -8- LSB 5673XS (4) 83 tm/nh 8/ 16

S.F. 2069 and biological characteristics of the affected wetland are not 1 impaired. 2 (2) That the reach of the affected wetland is not reduced. 3 (3) That any adverse effect on the aquatic environment of 4 the affected wetland is minimized to the degree required by the 5 department. 6 2. A discharge that would be exempt under subsection 1 7 is subject to the permit requirement if the discharge is 8 incidental to any of the following activities: 9 a. An activity that has as its purpose bringing a wetland, 10 or part of a wetland, into a use for which it was not previously 11 subject. 12 b. An activity that may impair the flow or circulation of 13 any waters of the state. 14 c. An activity that may reduce the reach of any waters of 15 the state. 16 Sec. 9. NEW SECTION . 456B.29 Fees. 17 1. The department is authorized to adopt and enforce a fee 18 schedule for purposes of this subchapter. The amount of fees 19 collected annually must not exceed the cost of administering 20 the provisions of this subchapter. The fees collected pursuant 21 to this subchapter are appropriated to the department for 22 purposes of administering this subchapter. 23 2. If a person conducts any activities for which an isolated 24 wetland permit is required under this subchapter without first 25 obtaining such a permit, in addition to penalties outlined in 26 section 456B.31, the person shall pay twice the amount of the 27 application and review fees that the person otherwise would 28 have been required to pay under this subchapter. 29 Sec. 10. NEW SECTION . 456B.30 Inspection authority. 30 For purposes of enforcing this subchapter, any employee or 31 other representative of the department, upon presenting the 32 employee’s or representative’s credentials, may do any of the 33 following: 34 1. Enter and inspect any property on which is located a 35 -9- LSB 5673XS (4) 83 tm/nh 9/ 16

S.F. 2069 wetland, or part of a wetland, that is subject to a permit 1 issued under this subchapter. 2 2. Enter and inspect any property to investigate a discharge 3 of dredged or fill material. 4 3. Gain access to and inspect any records that the 5 department requires the holder of the isolated wetland permit 6 to keep. 7 Sec. 11. NEW SECTION . 456B.31 Jurisdiction and penalties. 8 1. A person shall not conduct a regulated activity within an 9 isolated wetland unless an isolated wetlands permit has been 10 issued to the person. 11 2. The district court of the county in which the affected 12 isolated wetlands area or any part thereof lies shall have 13 jurisdiction to restrain a violation of this subchapter upon 14 petition of the department, the attorney general, or any 15 person adversely affected. In the event the affected isolated 16 wetlands area lies in more than one county, jurisdiction shall 17 be in the district court of any county in which any part of 18 the area lies. In the same action the district court having 19 jurisdiction over the affected area may require such area to 20 be restored to its original condition. In the alternative, 21 the department may complete the restoration at the expense 22 of the person altering the area, in which case an action for 23 recovery of the amount expended may be brought in any court 24 having jurisdiction to restrain a violation. A bond shall 25 not be required as a condition of the granting of a temporary 26 restraining order under this section, except that the court may 27 in its discretion require that a reasonable bond be posted by 28 any person requesting the court to restrain a violation of this 29 subchapter. 30 3. A person violating any provision of this subchapter 31 involving more than five square yards of isolated wetlands is 32 guilty of a serious misdemeanor. 33 4. A person violating any provision of this subchapter 34 involving five square yards or less of isolated wetlands is 35 -10- LSB 5673XS (4) 83 tm/nh 10/ 16

S.F. 2069 guilty of a simple misdemeanor. 1 5. A person who is determined to be in violation of any 2 provision of this subchapter by the department shall be 3 liable for, and may be assessed by the department for, a civil 4 penalty of not less than one hundred dollars nor more than one 5 thousand dollars per day of violation. Whenever the department 6 determines that any person is in violation of any permit, 7 regulation, standard, or requirement under this subchapter, 8 the department may issue an order requiring such person to 9 comply with such permit, regulation, standard, or requirement, 10 including an order requiring restoration when deemed 11 environmentally appropriate by the department. In addition, 12 the department may bring a civil enforcement action under this 13 section as well as seeking appropriate injunctive relief. 14 Sec. 12. NEW SECTION . 456B.32 Rules. 15 The department shall adopt rules pursuant to chapter 17A 16 necessary to implement this subchapter. 17 Sec. 13. Section 427.1, subsection 23, Code Supplement 18 2009, is amended to read as follows: 19 23. Native prairie and wetland . Land designated as native 20 prairie or land designated as a protected wetland by the 21 department of natural resources pursuant to section 456B.12 . 22 a. Application for the exemption shall be made on forms 23 provided by the department of revenue. Land designated as 24 a protected wetland shall be assessed at a value equal to 25 the average value of the land where the wetland is located 26 and which is owned by the person granted the exemption. The 27 application forms shall be filed with the assessing authority 28 not later than the first of February of the year for which the 29 exemption is requested. The application must be accompanied 30 by an affidavit signed by the applicant that if the exemption 31 is granted, the property will not be used for economic gain 32 during the assessment year in which the exemption is granted. 33 If the property is used for economic gain during the assessment 34 year in which the exemption is granted, the property shall 35 -11- LSB 5673XS (4) 83 tm/nh 11/ 16

S.F. 2069 lose its tax exemption and shall be taxed at the rate levied 1 by the county for the fiscal year beginning in that assessment 2 year. The first annual application shall be accompanied by a 3 certificate from the department of natural resources stating 4 that the land is native prairie or protected wetland . The 5 department of natural resources shall issue a certificate for 6 the native prairie exemption if the department finds that the 7 land has never been cultivated, is unimproved, is primarily 8 a mixture of warm season grasses interspersed with flowering 9 plants, and meets the other criteria established by the natural 10 resource commission for native prairie. The department of 11 natural resources shall issue a certificate for the wetland 12 exemption if the department finds the land is a protected 13 wetland, as defined under section 456B.1 , or if the wetland 14 was previously drained and cropped but has been restored under 15 a nonpermanent restoration agreement with the department or 16 other county, state, or federal agency or private conservation 17 group. A taxpayer may seek judicial review of a decision of 18 the department according to chapter 17A. The natural resource 19 commission shall adopt rules to implement this subsection. 20 b. The assessing authority each year may submit to the 21 department a claim for reimbursement of tax revenue lost from 22 the exemption. Upon receipt of the claim, the department shall 23 reimburse the assessing authority an amount equal to the lost 24 tax revenue based on the value of the protected wetland as 25 assessed by the authority, unless the department reimburses 26 the authority based upon a departmental assessment of the 27 protected wetland. The authority may contest the department’s 28 assessment as provided in chapter 17A. The department is not 29 required to honor a claim submitted more than sixty days after 30 the authority has assessed land where the protected wetland is 31 located and which is owned by the person granted the exemption. 32 Sec. 14. Section 456B.1, subsections 4 and 5, Code 2009, are 33 amended by striking the subsections. 34 Sec. 15. Section 459.102, subsection 22, Code Supplement 1 -12- LSB 5673XS (4) 83 tm/nh 12/ 16

S.F. 2069 2009, is amended to read as follows: 2 22. “Designated wetland” means land designated as a 3 protected wetland by the United States department of the 4 interior or the department of natural resources , including 5 but not limited to a protected wetland as defined in section 6 456B.1 , if the land is owned and managed by the federal 7 government or the department of natural resources . However, a 8 designated wetland does not include land where an agricultural 9 drainage well has been plugged causing a temporary wetland or 10 land within a drainage district or levee district. 11 Sec. 16. REPEAL. Sections 456B.12, 456B.13, 456B.14, and 12 654A.16, Code 2009, are repealed. 13 EXPLANATION 14 This bill repeals current statutes relating to the inventory 15 and protection of wetlands, makes conforming amendments, and 16 replaces them with a comprehensive wetland program. 17 The bill requires that a proposed filling of an isolated 18 wetland requires an isolated wetland permit and subjects the 19 filling to a review by the department of natural resources. 20 The bill provides that a review shall require the submission 21 of a preactivity notice that includes an application. An 22 applicant shall conduct mitigation for the proposed filling 23 of an isolated wetland that is subject to departmental 24 review. The bill provides that a person that has submitted a 25 preactivity notice shall complete the filling within two years. 26 The bill provides that the department shall issue or deny 27 an isolated wetland permit not later than 180 days after the 28 receipt of an application for the permit. The bill prohibits 29 the department from issuing an isolated wetland permit unless 30 the applicant has demonstrated that the proposed filling will 31 not prevent or interfere with the attainment or maintenance of 32 applicable state water quality standards. The bill provides 33 that the department may deny an isolated wetland permit if the 34 department determines that the proposed filling of the isolated 35 wetland will result in an adverse short-term or long-term 1 -13- LSB 5673XS (4) 83 tm/nh 13/ 16

S.F. 2069 impact on water quality in the state. The bill allows the 2 department to impose any practicable terms and conditions on an 3 isolated wetland permit to ensure adequate protection of water 4 quality in the state. The department may require the applicant 5 perform various environmental quality tests in order to ensure 6 adequate protection of water quality. The bill provides a 7 priority order of locations where mitigation for the proposed 8 filling of an isolated wetland that is subject to review shall 9 occur. 10 The bill requires the department to establish a list of 11 approved wetland mitigation banks. “Wetland mitigation bank” 12 means a site where wetlands have been restored, created, 13 enhanced, or, in exceptional circumstances, preserved expressly 14 for the purpose of providing mitigation for impacts to wetlands 15 and that has been approved in accordance with the process 16 established in the federal guidelines for the establishment, 17 use, and operation of mitigation banks. 18 The bill requires the director to prescribe the form of 19 the application for an isolated wetland permit and provide 20 an explanation to an isolated wetland permit applicant for 21 the proposed denial of the application. The bill requires 22 the director, within 15 business days after the receipt of an 23 application, to notify the applicant if the application is 24 complete. The bill provides procedures for public hearings 25 regarding an isolated wetland permit. 26 The bill allows the department to require mitigation for 27 impacts to isolated wetlands to replace or compensate for the 28 long-term and short-term economic, environmental, and natural 29 resource benefits that would be lost by the proposed regulated 30 activity. The bill requires an applicant to demonstrate that 31 the mitigation site will be protected in perpetuity and that 32 appropriate practicable management measures are, or will be, 33 in place to restrict harmful activities that jeopardize the 34 mitigation. 35 The bill provides that the requirement for an isolated 1 -14- LSB 5673XS (4) 83 tm/nh 14/ 16

S.F. 2069 wetlands permit does not apply to any discharge that is the 2 result of normal farming, silviculture, or ranching activities; 3 maintenance, emergency repair, or reconstruction of damaged 4 parts of structures that are in use in the waters of the 5 state; construction or maintenance of farm ponds, stock ponds, 6 or irrigation ditches; maintenance of drainage ditches; or 7 construction or maintenance of certain roads that is performed 8 in accordance with best management practices. The bill 9 provides that an exempt discharge is subject to the permit 10 requirement if the discharge is incidental to an activity that 11 has as its purpose bringing a wetland, or part of a wetland, 12 into a use for which it was not previously subject, an activity 13 that may impair the flow or circulation of any waters of the 14 state, or an activity that may reduce the reach of any waters 15 of the state. 16 The bill allows the department to adopt and enforce a fee 17 schedule. The bill provides that the amount of fees collected 18 annually must not exceed the cost of administering the 19 provisions of this bill and that the fees are appropriated for 20 purposes of administering the provisions. The bill provides 21 that if a person conducts any activities for which an isolated 22 wetland permit is required without first obtaining such a 23 permit, in addition to other penalties, the person shall pay 24 twice the amount of the application and review fees that the 25 person otherwise would have been required to pay. 26 The bill allows any employee or other representative of the 27 department, upon presenting the employee’s or representative’s 28 credentials, to enter and inspect any property on which is 29 located a wetland, or part of a wetland, that is subject to 30 a permit, enter and inspect any property to investigate a 31 discharge of dredged or fill material, and gain access to and 32 inspect any records that the department requires the holder of 33 the isolated wetland permit to keep. 34 The bill prohibits a person from conducting a regulated 35 activity within an isolated wetland unless an isolated wetlands 1 -15- LSB 5673XS (4) 83 tm/nh 15/ 16

S.F. 2069 permit has been issued. The bill allows a district court 2 having jurisdiction over an affected area to require such area 3 to be restored to its original condition. In the alternative, 4 the bill allows the department to complete the restoration at 5 the expense of the person altering the area, in which case an 6 action for recovery of the amount expended may be brought in 7 any court having jurisdiction to restrain a violation. 8 The bill provides that a person violating any provision of 9 this bill involving more than five square yards of isolated 10 wetlands is guilty of a serious misdemeanor. The bill provides 11 that a person violating any provision of this bill involving 12 five square yards or less of isolated wetlands is guilty of a 13 simple misdemeanor. The bill provides that a person who is 14 determined to be in violation of any provision of this bill 15 shall be assessed a civil penalty of not less than $100 nor 16 more than $1,000 per day of violation. The bill provides 17 that whenever the department determines that any person is in 18 violation of any permit, regulation, standard, or requirement 19 under the bill, the department may issue an order requiring 20 such person to comply with such permit, regulation, standard, 21 or requirement, including an order requiring restoration when 22 deemed environmentally appropriate by the department. The bill 23 provides that, in addition, the department may bring a civil 24 enforcement action as well as seeking an appropriate injunctive 25 relief. 26 -16- LSB 5673XS (4) 83 tm/nh 16/ 16