Chapter NR 350

NR 350.010(5)(d) (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.

NR 350.010(5)(e) (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.

NR 350.010(5)(f) (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.

NR 350.010(5)(g) (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.

NR 350.010(5)(h) (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.

NR 350.010(5)(i) (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.

NR 350.010(6) (6) Site protection.

NR 350.010(6)(a) (a) The department shall record a conservation easement or comparable legal instrument on mitigation sites not owned by the department unless the U.S. army corps of engineers approves a comparable legal instrument.

NR 350.010(6)(b) (b) The department shall place a restrictive covenant on mitigation sites owned by the department unless a comparable site protection mechanism is already or is planned to be recorded on the property, as approved by the U.S. army corps of engineers.

NR 350.010(7) (7) Long-term management.

NR 350.010(7)(a) (a) The department shall establish a mechanism for financial reserves for long-term mitigation project management to be used for annual easement inspection, invasive species control, and any other site maintenance and monitoring needs on closed mitigation projects.

NR 350.010(7)(b) (b) The department may establish a non-wasting endowment for project funds to be used annually for long-term site management. Other mechanisms may also be used, if necessary, to ensure sufficient funds for long-term site management.

NR 350.010(7)(c) (c) When credit generation is complete and a mitigation project is closed, the department may contract with a private, public, or nonprofit partner to implement annual long-term management according to the compensation site plan. A contracted partner may provide additional funds for long-term maintenance.

NR 350.010 History History: CR 21-026: cr. Register February 2022 No. 794, eff. 3-1-22.

NR 350.011 NR 350.011 Permittee-responsible mitigation.

NR 350.011(1) (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).

NR 350.011(2) (2) Legal site protection document. The requirements for site protection in s. NR 350.008 (4) shall apply to a permittee-responsible mitigation project.

NR 350.011(3) (3) Financial assurances. The requirements for financial assurances in s. NR 350.008 (3) shall apply to a permittee-responsible mitigation project.

NR 350.011(4) (4) Development.

NR 350.011(4)(a) (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).

NR 350.011(4)(b) (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.

NR 350.011(4)(c) (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.

NR 350.011(5) (5) Long-term management. The requirements for long-term management in s. NR 350.008 (5) shall apply to a permittee-responsible mitigation project.

NR 350.011 History History: 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.

NR 350.012 NR 350.012 Enforcement.

NR 350.012(1) (1) Violations of this chapter may be prosecuted by the department under chs. 23, 30, 31, 281, and 283, Stats.

NR 350.012(2) (2) Any agent or employee of the department shall at all times be given reasonable access to any and all parts of a project site and may enter upon any property to investigate the project.

NR 350.012(3) (3) A violation of a permit, approval, contract or order issued relating to a project under this chapter is a violation of the statutes or rules relating to the issuance of that permit, approval, contract or order.

NR 350.012(4) (4) The department may remove or revoke wetland mitigation bank approvals for failure to comply with the requirements of the registration after notice and an opportunity for hearing in accordance with the procedures in ch. 227, Stats.

NR 350.012 History History: CR 21-026: cr. Register February 2022 No. 794, eff. 3-1-22; correction in (4) made under s. 35.17, Stats., Register February 2022 No. 794.