WisconsinSB7982025-2026 Wisconsin Legislature (Biennial Session)SenateWALLET

An Act to amend 15.347 (22) (b) 9., 23.321 (5) (a) and 23.321 (5) (b) 1. (intro.); to create 23.321 (2d) of the statutes; Relating to: a wetland assured delineation program, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, and granting rule-making authority. (FE)

Sponsored By: Kristin Dassler-Alfheim (Democratic), Mary Felzkowski (Republican), Dan Feyen (Republican), André Jacque (Republican)

Became Law

Sen Bill 798Administrative rulesNatural ResourcesDepartment of -- Environmental protectionWetland

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 0 costs, 2 mixed.

Private wetland delineations now count

A wetland delineation done by a certified assured delineator has the same effect as the department’s identification or confirmation. It does not need a separate department confirmation. The delineation stays effective for 5 years from the date the report is filed. If the U.S. Army Corps of Engineers makes a federal jurisdiction decision based on it and legal conditions are met, it can stay effective for 15 years from the department’s notice. This gives landowners and builders longer certainty.

Audits and discipline for assured delineators

The department reviews assured delineator work and may do field audits of reports from the past 12 months. It may also investigate complaints about reports from the past year. If strong evidence shows a report did not follow the manual, the department must require a fix, and any deadline for action on a wetland permit or exemption is paused from that notice until a corrected report is filed. The department may revoke certification for serious issues, including breaking wetland laws, falsifying boundaries, missing wetland areas, not using standard methods, missing continuing education, or not averaging at least 3 reports a year over the last 3 years (unless excused). You may request a contested case hearing within 30 days of a revocation notice, and audit data cannot be used to change permit or exemption decisions—only to check compliance. Revocation does not stop other delineation roles allowed by law.

New certification rules and fees for delineators

The department runs a program to certify private wetland delineators who follow the state manual. To qualify, you need either: associate + 8 years, bachelor + 5 years, or master/doctorate + 3 years of field work. You must finish approved training and submit at least 6 reports from the last two growing seasons. Pay $500 with your application and $900 each year if certified; the department may also charge $20 per report you file. Apply Sept. 15 to Nov. 30 for certification that starts March 15; certification stays valid unless revoked, and you cannot be approved within 3 years after a revocation. To have a delineation accepted, submit the full report by March 15 (one extension allowed, up to 12 months), and do field work during the growing season set by the manual.

Pilot approvals honored and transition rules

If you were approved as an assured delineator under the pilot program on the law’s effective date, you are treated as certified under the new program. The department may rely on qualified assured professionals to perform confirmation tasks for the department. The law first applies to people who file an application on the law’s effective date, unless another part of the law says otherwise.

Sponsors & Cosponsors

Sponsors

  • Kristin Dassler-Alfheim

    Democratic • Senate

  • Mary Felzkowski

    Republican • Senate

  • Dan Feyen

    Republican • Senate

  • André Jacque

    Republican • Senate

Cosponsors

  • Elijah Behnke

    Republican • House

  • Steve Doyle

    Democratic • House

  • Joy Goeben

    Republican • House

  • Chanz Green

    Republican • House

  • Daniel Knodl

    Republican • House

  • Maureen McCarville

    Democratic • House

  • Vincent Miresse

    Democratic • House

  • Jeffrey Mursau

    Republican • House

  • Lee Snodgrass

    Democratic • House

  • David Steffen

    Republican • House

  • Chuck Wichgers

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 32 • No: 1

Senate vote 3/17/2026

Assembly Substitute Amendment 2 concurred in, Ayes 32, Noes 1

Yes: 32 • No: 1

Actions Timeline

  1. Published 4-3-2026

    4/6/2026Senate
  2. Report approved by the Governor on 4-2-2026. 2025 Wisconsin Act 172

    4/6/2026Senate
  3. Presented to the Governor on 4-2-2026

    4/2/2026Senate
  4. Report correctly enrolled

    3/23/2026Senate
  5. LRB correction (Assembly Substitute Amendment 2)

    3/23/2026Senate
  6. Action ordered immediately messaged

    3/17/2026Senate
  7. Assembly Substitute Amendment 2 concurred in, Ayes 32, Noes 1

    3/17/2026Senate
  8. Placed on calendar 3-17-2026 pursuant to Senate Rule 18(1)

    3/16/2026Senate
  9. LRB correction (Senate Amendment 1)

    3/5/2026Senate
  10. Received from Assembly amended and concurred in as amended, Assembly Substitute Amendment 2 adopted

    2/19/2026Senate
  11. Ordered immediately messaged

    2/18/2026House
  12. Read a third time and concurred in as amended

    2/18/2026House
  13. Rules suspended

    2/18/2026House
  14. Ordered to a third reading

    2/18/2026House
  15. Assembly Substitute Amendment 2 adopted

    2/18/2026House
  16. Assembly Substitute Amendment 2 offered by Representative Mursau

    2/18/2026House
  17. Read a second time

    2/18/2026House
  18. Assembly Substitute Amendment 1 offered by Representative Neubauer

    2/18/2026House
  19. Representative Miresse added as a cosponsor

    2/18/2026House
  20. Made a special order of business at 1:24 PM on 2-18-2026 pursuant to Assembly Resolution 13

    2/17/2026House
  21. Read first time and referred to committee on Rules

    2/17/2026House
  22. Received from Senate

    2/12/2026House
  23. Ordered immediately messaged

    2/11/2026Senate
  24. Read a third time and passed

    2/11/2026Senate
  25. Rules suspended to give bill its third reading

    2/11/2026Senate

Bill Text

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