HB 5152 Summary

• Limits state wetland regulation to "waters of the United States" as defined in 33 CFR part 329, exempting wetlands and drains that are not federal waters from state permitting requirements.

• Adds new exemptions from permit requirements including private agricultural drains regardless of outlet, culvert installation on private property, private ponds/lakes without federal water connections, and pond or lake construction on private property.

• Expands agricultural activities allowed in wetlands without permits, including farming, horticulture, silviculture, and ranching in non-federal wetlands, with distinctions made between activities in state-regulated versus federally-regulated wetlands.

• Establishes procedures for property owners to request wetland assessments from the department, with assessments binding for 3 years if property is determined not to be wetland; allows reassessment with new evidence.

• Creates wetland mitigation options including mitigation banks, restoration of existing wetlands, creation of new wetlands, and preservation of exceptional wetlands, with flexibility in mitigation ratios and off-site alternatives.