(24) “Mitigation project” or “mitigation site” means a wetland restoration, enhancement, creation, or preservation site that is developed with the intention of selling credits to permittees or exempt applicants in need of mitigation or a site developed by a permittee or exempt applicant to fulfill their mitigation requirements.
(25) “Mitigation sponsor” or “sponsor” means any public or private individual or entity responsible for establishing and operating a mitigation bank, in-lieu fee program, or permittee-responsible mitigation project.
(26) “Monitoring plan" means a narrative describing the data collection, analysis, and reporting requirements for documenting the change in wetland function on mitigation sites in a compensation site plan approved by the department.
(27) “Nonfederal wetland” means a wetland that is not subject to federal jurisdiction under 33 USC 1344. (28) “On-site" means a mitigation project located within one-half mile of the impacted wetland.
(29) “Performance standards" means quantifiable physical, chemical, or biological measures or objectives required for the mitigation site in a compensation site plan approved by the department.
(30) “Permittee” means an applicant for a wetland general or individual permit under s. 281.36, Stats. (31) “Permittee-responsible mitigation project” means a mitigation project developed by a permittee or exempt project proponent, or their authorized agent or contractor, to complete required mitigation and for which the permittee or exempt project proponent retains full legal responsibility.
(32) “Preservation” means preventing the decline of ecologically significant or rare or high-quality wetlands through long-term site protection that alone does not result in a gain of wetland resource area or functions.
(33) “Prospectus” means a preliminary wetland mitigation project design prepared by a mitigation sponsor and including descriptions of existing site conditions, site ownership and management, mitigation goals and objectives, and ecological suitability of the project.
(34) “Re-establishment” means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning ecological functions to a former wetland resource that results in a gain in wetland resource area and function.
(35) “Rehabilitation” means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing ecological functions to a degraded existing wetland resource that results in a gain in wetland resource functions but does not result in a gain in wetland resource area.
(36) (a) “Restoration" means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning ecological functions to a former or degraded wetland resource.
(b) Restoration includes re-establishment and rehabilitation.
(37) “Secondary impacts” means impacts to wetlands that are causally linked to the proposed project.
Note: Secondary impacts may include, but are not limited to, hydrologic impacts, changes in wildlife use to due habitat fragmentation or habitat conversion, or the introduction or increase of invasive or non-native plant species to a wetland.
(38) “Temporary impacts” means adverse impacts to wetlands that are not permanent and are the result of a permitted or exempt project and that meet one or more of the following requirements:
(a) Only occur during the non-growing season.
(b) Result in negligible impacts to wetland function or area.
(c) Preexisting wetland function is restored at or soon after the conclusion of the permitted or exempt activity.
Note: Temporary impacts may include, but are not limited to, open trenching, timber mat placement, or temporary vegetation clearing.
(39) “Wetland" means an area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.
(40) “Wetland delineation” means the standard procedure for determining the boundary of a wetland area according to procedures contained in the wetland delineation manual published in 1987 by the U.S. army corps of engineers.
(41) “Wetland quantification tool” means a coordinated set of numeric measures scientifically developed by the department or a contractor for the purpose of calculating potential wetland function loss due to permitted or exempt adverse impacts to wetlands and for calculating the gain in wetland function at wetland mitigation sites.
NR 350.004 Mitigation Sequence. (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) Stats., or under s. 281.36 (4n) (c), Stats., the department shall allow mitigation to be accomplished by any of the following methods: (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 in-lieu fee program credits in the same service area as the wetland impacted by the discharge.
(d) Completing a permittee-responsible mitigation project within the same service area of the site of the discharge.
(e) Purchase of mitigation bank credits in the same basin as the wetland impacted by the discharge.
(2) The department may, in consultation with the U.S. army corps of engineers, require mitigation to be completed using any of the methods in (a) to (e) that are available if the department determines it 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.
(3) 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 HUC 8 name and the service area name where the impacts will occur.
(c) The wetland type impacted.
(d) The number of credits purchased.
(e) The signatures of both the permittee or exempt project proponent and the mitigation bank sponsor.
(4) The department shall not issue a wetland individual permit, or 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.
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 a wetland quantification tool, or other suitable metrics designed to measure wetland impacts.
(b) The department may use a crediting system based on wetland type and location 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:
