Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 350 - Wetland Compensatory Mitigation › Section NR 350.005 - Amount of compensatory mitigation required

Current through June 24, 2024
(1) The department
				shall determine the amount of mitigation required for adverse impacts to
				wetlands associated with a wetland individual permit under s.
				281.36(3n)
				(d), Stats., or an exemption under s.
				281.36(4n)
				(b) or (c), Stats., based on the criteria in
				this section and shall inform the permittee or exempt project proponent of the
				determination.
(2) The department
				will determine the amount of mitigation required on a case-by-case basis based
				on the quality and type of wetlands impacted, the duration of the impacts, the
				measure of lost wetland function, the temporal loss of wetland function, and
				the location of the proposed mitigation. The department shall ensure that the
				loss of wetland function due to adverse impacts associated with an individual
				permit or exemption is compensated for with an appropriate mitigation amount.
				The department shall evaluate the lost function of impacted wetlands using one
				of the following methods:
(a) The department
				may use an appropriate wetland functional or condition assessment method such
				as the Wisconsin rapid assessment method, or another department approved method
				designed to measure impacts to wetland functions and values.
(b) The department may use a crediting system
				based on wetland type, location, or function to measure wetland impacts and
				wetland mitigation potential. If mitigation is required for adverse impacts to
				wetlands and the department uses a crediting system to evaluate the impacts,
				all of the following apply:
1. If the
				department requires the permittee or exempt project proponent to purchase
				mitigation bank credits from a wetland mitigation bank, the mitigation required
				for the wetland impacts shall be no less than 1.2 credits per one acre of
				direct impacts for mitigation bank credits purchased in the same service area
				and of the same wetland community type. The department may require a higher
				mitigation ratio for bank credits under the following circumstances:
a. The ratio may be increased for the
				purchase of mitigation bank credits out-of-kind from the impacted wetland
				community type.
b. The ratio may be
				increased for the purchase of mitigation bank credits in a different service
				area than where the wetland impacts are to occur.
c. The ratio may be increased for the
				purchase of mitigation bank credits to offset temporal loss of wetland
				functional values associated with the mitigation credits.
d. The ratio may increase to fully compensate
				for impacts to wetland function and acreage.
2. If the department requires the permittee
				or exempt project proponent to purchase credits from an approved in-lieu fee
				program, the ratio for mitigation shall be no less than 1.45 credits per one
				acre of direct impacts to compensate for the adverse impacts to wetlands and to
				account for the temporal loss of wetland acres and function.
Note:
The department makes decisions on the
				  amount of mitigation required in consultation with the U.S. army corps of
				  engineers and in accordance with federal wetland mitigation regulations and
				  guidelines.
3. If the
				department determines that the permittee or exempt project proponent shall
				complete a permittee-responsible mitigation project for direct wetland impacts,
				the starting mitigation ratio shall be no less than 1.2 credits per one acre of
				direct impacts. The required mitigation amount for a permittee-responsible
				mitigation project shall be determined on a case-by-case basis and may include
				ratio increases for impacts to rare wetland types, out-of-kind wetland
				mitigation, temporal wetland functional loss, or for mitigation in a different
				service area than where the discharge occurred.