2003 House Bill 4180

Introduced in the House

Feb. 11, 2003

Introduced by Rep. Chris Kolb (D-53)

To extend the scope of the state wetlands law to wetlands as small as one-acre in size, compared to the current minimum of five acres. The bill would allow local governments to extend regulations and permit requirements to wetlands smaller than one acre. It would also expand the definition of “wetland” to include additional land features. Violation of state wetland regulations can result in civil penalties of $25,000 a day. The imposition of such civil penalties requires a lower burden of proof by the state than criminal offenses, and defendants are not entitled to the same degree of protection given to criminal defendants. The fines may be imposed by the Department of Environmental Quality at a department-run hearing, but are appealable to circuit court.

Referred to the Committee on Conservation and Outdoor Recreation