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RESOLUTION TO SUPPORT STATE LEGISLATION TO PROTECT
ISOLATED WETLANDS
RESOLUTION NO. , 2001
Introduced by: Land and Water Conservation Committee
Intent & Synopsis:
On January 9, 2001, the U.S. Supreme Court issued a decision that significantly reduces the regulatory
authority of the U.S. Army Corps of Engineers over isolated wetlands - -those wetlands that are not directly
associated with lakes, streams, and rivers -- under the Clean Water Act. The Court made it clear that they are
deferring to states and local governments to protect isolated wetlands. Passage of new legislation will
reinstate protection of isolated wetlands that was once afforded under NR 103 by providing the same
authority to the state (Wisconsin Department of Natural Resources) for wetlands where the Corps of
Engineers no longer has jurisdiction.
Fiscal Note: None
WHEREAS, the definition of "nation's waters" in the Clean Water Act of 1972 has been used to give
protection to "wetlands" over the years; and
WHEREAS, since 1985, the U.S. Army Corps of Engineers has interpreted the Act to include isolated
wetlands under the Migratory Bird Act and has required permits for placing fill material in isolated wetlands;
WHEREAS, following the Supreme Court ruling, isolated wetlands once covered under NR 103 and
regulated by the Army Corps of Engineers are no longer protected; and
WHEREAS, as a result of this reduction of regulatory authority, Wisconsin could experience an significant
loss of wetlands;
WHEREAS, the value of wetlands includes providing vital habitat for fish and wildlife (including 39% of
Wisconsin's 370 bird species), protecting shoreline and reducing flooding impacts, reducing the rate of silt
and sediment movement into our rivers and streams, cleansing runoff waters of pollutants, fertilizers, and
other contaminants, maintaining healthy lakes, streams, and rivers, and serving as important areas for
recreation, including hunting, fishing, bird - watching, and photography;
WHEREAS, the St. Croix County Natural Resource Management Plan (NRMP) approved by the St. Croix
County Board on September 21, 2000 (Resolution No. 29 -2000) recognizes that "wetlands perform many
indispensable roles in the proper function of the hydrologic cycle and local ecological systems;" and
WHEREAS, the St. Croix County Board of Supervisors recognize that the increasing development pressures
occurring in St. Croix County lends these "isolated wetlands" vulnerable to destruction if laws to protect
these vital resources are not passed expeditiously.
NOW, THEREFORE, BE IT RESOLVED: That the St. Croix County Board of Supervisors does hereby:
urge the Wisconsin State Legislature to act immediately to protect our vulnerable wetland resources by
passing new legislation that re- establishes wetland protection by granting the authority to the state (DNR) for
wetlands jurisdiction equivalent to what had been withdrawn from the Corps of Engineers.
BE IT FURTHER RESOLVED: That the County Clerk sends a copy of this resolution to the State
Representatives and State Senators representing St. Croix County, the DNR Secretary, and the Governor.
Dated this 6 day of bm 0.4k , 2001
Respectfully submitted by:
ST. CROIX COUNTY LAND AND WATER CONSERVATION COMMITTEE
RECOMMENDS DENIAL: RECOMMENDS APPROVAL:
4
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Art Jensen ' nsen
Ronald Raymond R ' . ymond
eon Berenschot Leon Berenschot
Chris Bethke Chris Bethke
Lois Burri Lois Burri
STATE OF WISCONSIN
COUNTY OF ST. CROIX •
Jim Cody I, sue E. Nelson, $L Crobt Jim Co i i
County Clerk, DO HEREBY CERTIFY that
th¢�oregoinqq Is a true ar of
adopted by the County Board of Supervisors
at their sleeting held m i a_ ,0, i
Sue E. Nelson, St. Croix County Clerk