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)

Signed by Governor

Sen Bill 798Administrative rulesNatural ResourcesDepartment of -- Environmental protectionWetland

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 1 costs, 1 mixed.

Set validity periods for wetland boundaries

An assured expert's wetland boundary report generally stays valid for 5 years from submission to Wisconsin's natural resources department. A separate 15-year period applies only to delineations covered by the exception in Wisconsin Statute 23.321(5)(b)1. That period starts when the U.S. Army Corps of Engineers determines federal jurisdiction based on the delineation. These periods give property owners and permit applicants a defined time to rely on wetland boundaries.

Wetland experts pay new certification fees

Applicants for Wisconsin's assured wetland delineator program pay a $500 processing fee with each application. Certified experts pay $900 each year. The Department of Natural Resources may also charge $20 for each report submitted for acceptance; that charge is optional.

Wetland experts gain authority with new requirements

Wisconsin creates a permanent program certifying wetland boundary experts, called assured delineators. Their properly submitted reports have the same legal effect as state wetland findings, without separate state confirmation. Applicants need an associate degree plus 8 years of full-time field experience, a bachelor's plus 5, or a master's or doctorate plus 3. They also need required education or equivalent experience, training, and at least 6 representative reports from the prior 2 growing seasons. Applications run September 15–November 30 for certification beginning March 15 the next year. Existing pilot-program participants carry over into the new program. Certified experts must follow the state manual, regional supplements, and applicable federal-state guidance, and work during the growing season. Each report is due to the Department of Natural Resources (DNR) by the following March 15. One deadline extension is available, lasting no more than 12 months; unsubmitted reports do not qualify. DNR reviews performance, can audit reports submitted in the prior 12 months, and can investigate complaints. Experts must receive notice of audits and investigations. Substantial evidence of flawed work requires corrections and pauses related permit or exemption actions until the report is corrected and resubmitted. Review findings cannot be used to change an existing permit or exemption decision. DNR can revoke certification for wetland-law violations, false or incomplete boundary reports, claiming another person's work, or failures to follow required methods. Revocation can also follow missed continuing education or fewer than 3 reports yearly, averaged over 3 years, absent extenuating circumstances. Experts have 30 days to request a hearing after revocation and can still perform delineations under other DNR authority.

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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