Wis. Admin. Code Department of Natural Resources NR 350.004 - Mitigation alternatives
(1) For mitigation
required under the issuance of wetland individual permits per s.
281.36(3n) (d), Stats., and for a discharge that is
exempt from permitting requirements under s.
281.36(4n) (b) or (c), Stats., the department may, in
consultation with the U.S. army corps of engineers, allow mitigation to be
completed using a wetland mitigation bank, participating in the in-lieu fee
program, or completing a permittee-responsible project in the same service area
as the site of the discharge.
(2)
For wetland mitigation banks, mitigation shall be allowed according to the
following order of preference:
(a) Purchase of
mitigation bank credits in the same HUC 8 watershed as the wetland impacted by
the discharge.
(b) Purchase of
mitigation bank credits in the same service area as the wetland impacted by the
discharge.
(c) Purchase of
mitigation bank credits in the same basin as the wetland impacted by the
discharge.
(3) The
department may allow credits to be purchased from a different mitigation bank
than one under sub. (2) or allow mitigation to be done through the in-lieu fee
program if it determines that doing so would better serve natural resource
goals, such as retaining flood water, improving water quality, improving
hydrologic function, improving or restoring wildlife habitat, or more closely
matching the impacted wetland type. The department may also consider economic
factors when making this determination as described in s.
281.36(3r) (ag), Stats.
(4) Mitigation through the use of mitigation
banks or the in-lieu fee program shall be preferred over permittee-responsible
mitigation. However, permittee-responsible mitigation in the same service area
as the wetland impacted by the discharge may be allowed upon review of all of
the following factors:
(a) Technical
feasibility.
(b) Ecological
suitability.
(c) Likelihood of
self-sustainability.
(d)
Appropriateness of site location relative to proposed wetland
impacts.
(e) Ability to offset lost
wetland functions incurred by a proposed project.
(5) If the department requires a permittee or
exempt project proponent to purchase mitigation bank credits, the permittee or
exempt project proponent shall purchase credits from a bank with a mitigation
bank instrument that has been approved by the department and is listed on the
department mitigation banking website and shall submit to the department an
affidavit that the purchase is completed. The affidavit shall include all the
following:
(a) The name of the mitigation
bank.
(b) The project
name.
(c) The project location,
including township, range, and section, and municipality.
(d) The HUC 8 name and the service area name
where the impacts will occur.
(e)
The relevant agency permit number or exemption number.
(f) Acreage of impacts by wetland community
type, if applicable.
(g) The number
of credits purchased by wetland community type, if applicable.
(h) The signatures of both the permittee or
exempt project proponent and the mitigation bank sponsor.
(6) The department shall not issue a wetland
individual permit or submit a notification of eligibility for an exemption
unless one or more of the following applies:
(a) The permittee or exempt project proponent
has provided proof that mitigation requirements have been completed, including
an affidavit of credit purchase from a mitigation bank sponsor or an in-lieu
fee program sponsor, or an approved compensation site plan for a
permittee-responsible mitigation project.
(b) The department and permittee have agreed
to a restoration plan for temporary or secondary impacts.
(c) The department has issued a wetland
individual permit approval which specifies that the permittee must complete
mitigation requirements prior to a discharge.
Notes
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