Wisconsin Administrative Code › Department of Natural Resources › NR 300-399 - Environmental Protection - Water Regulation › Chapter NR 350 - Wetland Compensatory Mitigation › Section NR 350.010 - Department in-lieu fee program operation

Current through June 24, 2024
(1) GENERAL. The
				department shall sponsor an in-lieu fee mitigation program to provide
				mitigation options to permittees required to mitigate for adverse impacts
				associated with a wetland individual permit under s.
				281.36(3n)
				(d), Stats., or for exempt project proponents
				required to mitigate for adverse impacts associated with a wetland exemption
				under s.
				281.36(4n)
				(b) or (c), Stats. The department in-lieu fee
				program established under s.
				281.36(3r)
				(e), Stats., shall have a program instrument
				approved by the U.S. army corps of engineers and shall be consistent with
				federal regulations.
(2)
				INSTRUMENT. The department shall create an in-lieu fee program instrument,
				which shall include a description of proposed service areas, accounting
				procedures, default and closure provisions, reporting protocols, specification
				of the initial allocation of advanced credits, a credit fee methodology, a
				description of the program account, and a compensation planning framework that
				details mitigation priorities.
(3)
				SERVICE AREAS. The department in-lieu fee program may sell advanced credits and
				complete mitigation projects to fulfill sold advanced credits in all service
				areas in Wisconsin as approved by the U.S. army corps of engineers.
(4) CREDIT FEE SCHEDULE. The department
				in-lieu fee program will periodically review and revise the credit fee in each
				service area taking into account the cost factors associated with a full
				wetland mitigation project, including administration, appraisals, surveys,
				title insurance, land acquisition, conservation easements, design and planning,
				permit fees, engineering and modeling, construction, maintenance, monitoring,
				long-term management, remediation or adaptive management activities, and other
				factors as deemed necessary to project success by the U.S. army corps of
				engineers. The department will evaluate credit fees after the end of each state
				fiscal year on June 30. If the department determines that it is necessary to
				revise credit fees based on a full cost accounting of a wetland mitigation
				project, the department shall set the new prices on January 1 of the following
				calendar year and will post the changes on the in-lieu fee program website. The
				department shall provide an annual report to the U.S. army corps of engineers
				for each fiscal year that includes justification for changes made to credit
				fees.
(5) PROJECT DEVELOPMENT.
(a) The department shall use a request for
				proposals application process and the department shall use internal site
				identification methods to identify suitable mitigation projects.
(b) The department request for proposals
				process may be developed for consultants to provide partial delivery, which
				could include one or more of design and planning, construction, maintenance, or
				monitoring project aspects, or full delivery, which includes all aspects of a
				wetland mitigation project. The department shall advertise funds available for
				mitigation projects in each service area on the department website for at least
				one round of proposals prior to contracting with a partner to pursue a
				prospectus.
(c) The department
				shall create a project application and publish the application form on the
				in-lieu fee program website. The department will accept mitigation project
				proposals from any person. The department will answer questions from potential
				applicants regarding the application form or the request for proposals process.
				The department will publish staff contact information on the in-lieu fee
				program website.
(d) The department
				shall establish scoring criteria to be used to review mitigation proposals. The
				scoring criteria shall ensure to the most practicable extent that selected
				projects compensate for wetland function on the landscape and shall include
				criteria pertaining to the ability of the proposal to generate mitigation
				credits to meet in-lieu fee program regulatory requirements, the ability of the
				site to meet watershed goals as documented in the in-lieu fee program
				instrument, the ecological suitability of the site, site hydric soils, and site
				hydrology. The department shall publish the scoring criteria on the in-lieu fee
				program website. The department shall periodically review and revise the
				scoring criteria to comply with federal regulations.
(e) The department will announce and publish
				a request for proposals for mitigation projects on a quarterly rolling basis.
				The department shall notify applicants of the status of their proposals within
				30 days after the request for proposals close date.
(f) The department will search for potential
				mitigation projects on public and private land in addition to finding sites
				through the request for proposals process.
(g) The department in-lieu fee program may
				pursue any potential mitigation site at any time in order to meet construction
				timelines or other federal requirements.
(h) If the department identifies a mitigation
				site on department land, the department may develop a prospectus to submit to
				the U.S. army corps of engineers. The department may request a contractor to
				complete additional or all remaining phases of the mitigation project using a
				request for proposals process.
(i)
				The department may choose to contract for services according to each project
				phase, including prospectus development, compensation site plan development,
				construction, monitoring and maintenance, and long-term management. Contract
				payments will typically be made on a quarterly schedule through an invoice of
				services and materials costs.