Section NR 350.011 - Permittee-responsible mitigation(1) GENERAL. A permittee-responsible mitigation project must ensure that wetland impacts are compensated for through long-term site protection as described under sub. (2), through the implementation of an approved compensation site plan as described under sub. (4), and by assurance that the mitigation project is financially viable as required under sub. (3).(2) LEGAL SITE PROTECTION DOCUMENT. The requirements for site protection in s. NR 350.008(4) shall apply to a permittee-responsible mitigation project.(3) FINANCIAL ASSURANCES. The requirements for financial assurances in s. NR 350.008(3) shall apply to a permittee-responsible mitigation project.(4) DEVELOPMENT. (a) An applicant shall prepare a compensation site plan, as described in s. NR 350.007(4) to (6) of this chapter, excluding s. NR 350.007(6) (j).(b) Monitoring shall occur for the length of time specified in the approved compensation site plan under s. NR 350.007(6) (k). The required monitoring period will be no fewer than 5 years for herbaceous wetland communities. Shrub and wooded wetland communities may require more than 5 years of monitoring to meet performance standards, become successfully established on a site, or both. The department may extend the final length of the monitoring period if the site does not meet performance standards in the time frame as approved in the compensation site plan.(c) When the department approves a permittee-responsible compensation site plan, it shall incorporate the compensation site plan as a condition of any permit it issues to the permittee or as a condition of the exemption determination for an exempt project applicant.(5) LONG-TERM MANAGEMENT. The requirements for long-term management in s. NR 350.008(5) shall apply to a permittee-responsible mitigation project.Wis. Admin. Code Department of Natural Resources NR 350.011
CR 00-164: cr. Register January 2002 No. 553, eff. 2-1-02; correction in (2) made under s. 13.92(4) (b) 7, Stats., Register May 2013 No. 689.Adopted by, CR 21-026: cr. Register February 2022 No. 794, eff. 3-1-22; correction in (4) (b) made under s. 35.17, Stats., Register February 2022 No. 794, eff. 3/1/2022