SB 1211 Summary

• Establishes permit processing timelines requiring the Department of Environmental Quality to approve or deny permit applications by a specified deadline, with optional extensions up to 120 days (and potentially beyond) but not exceeding 1 year total, and requires payment to applicants equal to 15% of application fees if deadlines are missed.

• Requires the Department to provide written notice of alleged violations specifying the statute, rule, or permit violated and offer to meet with the person within 60 days before initiating civil enforcement actions, except for civil infractions or imminent endangerment situations.

• Modifies wetland definitions and regulations, including clarifications on what constitutes wetlands, exemptions for agricultural activities and drain maintenance, and procedures for local government wetland ordinances that must comply with state standards.

• Increases penalties for wetland violations, including misdemeanor fines up to $25,000 per day for willful or reckless permit violations and felony penalties up to $50,000 per day for repeat violations, while providing courts authority to order wetland restoration.

• Guarantees award of reasonable expert professional witness fees to landowners who prevail against the state in disputes over whether their property is classified as wetland, regardless of whether the state's position was substantially justifiable.