Section NR 350.005 - Amount of compensatory mitigation required(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.(3) The department may determine that mitigation is required for secondary impacts to wetlands associated with wetland individual permits or exemptions. Note: The department may require mitigation for secondary impacts to wetlands such as conversion of wetland type or hydrologic impacts.
(4) The department may determine that mitigation is required for temporary impacts to wetlands associated with wetland individual permits or exemptions.Wis. Admin. Code Department of Natural Resources NR 350.005
CR 00-164: cr. Register January 2002 No. 553, eff. 2-1-02.Adopted by, CR 21-026: cr. Register February 2022 No. 794, eff. 3/1/2022The department may require mitigation for temporary impacts to wetlands such as forested wetland clearing, or temporary impacts to any wetland plant community that is dominated by native plant species.