Wis. Stat. § 23.321 — WI Code / Chapter 23 / Section 23.321
Section 23.321
Status: in_force

(a) Except as provided under par. (b) , the department shall do all of the following:

2. Provide a wetland identification not later than 60 days after a person files a request, in the manner and form required by the department, for a wetland identification.

3. Provide a wetland confirmation not later than 60 days after a person files a request, in the manner and form required by the department, for a wetland confirmation under sub. (2) (c) .

4. Provide a wetland confirmation not later than 15 days after a person files a request, in the manner and form required by the department, for a wetland confirmation under sub. (2) (d) .

(b) If adverse weather conditions, or other conditions at the site, prevent the department from conducting an accurate on-site inspection under sub. (2) (b) or (c) in sufficient time to comply with the deadline under par. (a) , the department shall provide a wetland identification under sub. (2) (b) or a wetland confirmation under sub. (2) (c) as soon as possible after weather conditions, or other conditions at the site, allow the department to conduct an accurate on-site inspection. Within 30 days after determining that adverse weather conditions, or other conditions at the site, will prevent the department from complying with the deadline under par. (a) , the department shall give notice to the person requesting the wetland identification or wetland confirmation that adverse weather conditions, or other conditions at the site, will prevent the department from complying with the deadline and giving notice to the person that the department will provide the wetland identification or wetland confirmation as soon as possible after weather conditions, or other conditions at the site, allow the department to conduct an accurate on-site inspection.

(5) Length of validity.

(a) Except as provided in par. (b) , a wetland identification provided by the department under sub. (2) (b) and a wetland confirmation provided by the department under sub. (2) (c) remain effective for 5 years from the date provided by the department. Except as provided in par. (b) , a wetland delineation prepared by an assured delineator under sub. (2d) remains effective for 5 years from the date upon which the wetland delineation report under sub. (2d) (b) 3. is submitted to the department.

(b)

1. A wetland identification provided by the department under sub. (2) (b) , a wetland confirmation provided by the department under sub. (2) (c) or (d) , and a wetland delineation prepared by an assured delineator under sub. (2d) remain effective for 15 years from the date that the U.S. army corps of engineers makes a determination regarding whether the wetland is subject to federal jurisdiction on the basis of the wetland identification, confirmation, or delineation if all of the following conditions are met:

a. The wetland is a nonfederal wetland.

b. The parcel of land is subject to a storm water management zoning ordinance enacted under s. 59.693 , 60.627 , 61.354 , or 62.234 or a storm water discharge permit issued under s. 283.33 .

2. The department may not invalidate or amend an existing wetland delineation, or require a new wetland delineation, for a parcel to which subd. 1. applies until the wetland identification or confirmation expires.

(6) Included on maps. If the department determines under this section that a parcel of land is likely to or does contain a wetland, or that it concurs with the boundaries of a wetland as delineated by a 3rd person, the department shall include this information on wetland maps prepared under s. 23.32 .

History: 2009 a. 373 ; 2011 a. 118 ; 2013 a. 1 ; 2015 a. 196 ; 2017 a. 183 ; 2025 a. 172 .