HB 2319--
Session of 1997
By Representative Sloan

9 AN ACT concerning wetlands; relating to destruction or encroachment 10 by certain corporations; imposing certain requirements in relation 11 thereto. 12 13 Be it enacted by the Legislature of the State of Kansas: 14 Section 1. (a) As used in this section: 15 (1) ``Agricultural land'' and ``farming'' have the meanings provided by 16 K.S.A. 17-5903 and amendments thereto. 17 (2) ``Nonagricultural business entity'' means any corporation, trust, 18 limited liability company, limited partnership or corporate partnership, 19 other than a corporation, trust, limited liability company, limited part- 20 nership or corporate partnership founded for the purpose of farming and 21 ownership of agricultural land. 22 (b) Whenever the county commission of a county determines that 23 any political or taxing subdivision or nonagricultural business entity has, 24 on or after the effective date of this act, encroached on or destroyed any 25 wetland in the county, the subdivision or entity shall be required to create, 26 expand or restore, within the county, a wetland having an area equal to 27 150% of the area of that portion of the wetland encroached upon or 28 destroyed by the subdivision or entity. Before beginning any such crea- 29 tion, expansion or restoration of a wetland, the subdivision or entity shall: 30 (1) Submit to the county commission the plans for creation, expansion or 31 restoration, accompanied by sufficient professional engineering docu- 32 mentation to enable the county commission to evaluate the viability of 33 the plans; and (2) receive the county commission's approval of such plans. 34 If the county commission has neither approved nor disapproved the plans 35 within 90 days after the plans are submitted to the county commission, 36 the plans shall be deemed approved. 37 (c) If a political or taxing subdivision or nonagricultural business en- 38 tity creates, expands or restores a wetland pursuant to this section and 39 the area created, or the area of the expansion or restoration, consists of 40 10 acres or more, the subdivision or entity shall provide for public edu- 41 cational opportunities in connection with such area. Plans for such edu- 42 cational opportunities shall be included in the plans submitted to and 43 approved by the county commission under subsection (b). Such public HB 2319

 1  educational opportunities may include, but shall not be limited to, nature
 2  paths, observation towers, kiosks and appropriate signage educating vis-
 3  itors on wetland habitat and wildlife.
 4    Sec. 2.  This act shall take effect and be in force from and after its
 5  publication in the statute book.