NR 350.005(2)(a)(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.

NR 350.005(2)(b)(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:

NR 350.005(2)(b)1.1. 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:

NR 350.005(2)(b)1.a.a. The ratio may be increased for the purchase of mitigation bank credits out-of-kind from the impacted wetland community type.

NR 350.005(2)(b)1.b.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.

NR 350.005(2)(b)1.c.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.

NR 350.005(2)(b)2.2. 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.

NR 350.005 NoteNote: 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.

NR 350.005(2)(b)3.3. 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.

NR 350.005(3)(3) The department may determine that mitigation is required for secondary impacts to wetlands associated with wetland individual permits or exemptions.

NR 350.005 NoteNote: The department may require mitigation for secondary impacts to wetlands such as conversion of wetland type or hydrologic impacts.

NR 350.005(4)(4) The department may determine that mitigation is required for temporary impacts to wetlands associated with wetland individual permits or exemptions.

NR 350.005 NoteNote: The 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.

NR 350.006(1)(1) For mitigation bank projects under ss. NR 350.008 to 350.009, and permittee-responsible mitigation projects under s. NR 350.011, the department may evaluate the wetland function that will be restored, created, enhanced, or preserved by a mitigation project with any of the following methods:

NR 350.006(1)(a)(a) A wetland functional or condition assessment method such as the Wisconsin rapid assessment method, or another department approved method designed to measure wetland impacts.

NR 350.006(2)(2) The location of existing wetland boundaries for use in calculating acreage of wetland at a mitigation site shall be made by a mitigation sponsor through the completion of a wetland delineation under s. 281.36 (2m), Stats., or by an alternative method approved by the department.

NR 350.006(3)(3) If the department uses a crediting system, the department shall calculate the appropriate amount of credit produced by a mitigation site based on information provided in the compensation site plan under s. NR 350.007 (6) and may also use field collected data by the department or by a partner agency.

NR 350.006(4)(4) Reestablishment of hydrology, land contours, and native plant communities on a former wetland site with hydric soils will receive up to one credit for every one acre restored.

NR 350.006(5)(5) Rehabilitation of multiple wetland functions on an existing wetland site will generally receive less credit than reestablishment but may receive up to one credit for every one acre restored.

NR 350.006(6)(6) Credit for enhancement of degraded vegetation on an existing wetland site will generally receive less credit than reestablishment or rehabilitation but may receive up to one credit for every one acre enhanced. Proposed activities that result in conversion of one wetland type to another wetland type will generally not be given credit. The department may consider calculating credit for these activities on a case-by-case basis when the mitigation sponsor demonstrates that conversion activities will enhance wetland functions.

NR 350.006(7)(7) The department will only allow creation if the department determines that the planned creation will provide significant wetland function. Any creation accepted by the department will generally receive lower credit than reestablishment or rehabilitation but may receive up to one credit for every one acre created. A permittee-responsible mitigation project involving creation shall adequately compensate for adverse impacts to wetlands.

NR 350.006(8)(8) The department will allow preservation at less credit than other restoration or enhancement activities if the proposed mitigation project meets all of the following criteria:

NR 350.006(8)(a)(a) The mitigation project will preserve wetland resources under demonstrable threat of destruction or adverse modifications. Threat of destruction or adverse modifications includes water quality degradation, water quantity loss, or habitat destruction as the result of development, logging, mining, or other land use changes that are imminent based on demonstrable evidence on or adjacent to the proposed mitigation site.

NR 350.006(8)(b)(b) The mitigation project will preserve wetland resources that provide important physical, chemical, or biological functions for the watershed.

NR 350.006(8)(c)(c) The mitigation project will preserve wetland resources that contribute significantly to the ecological sustainability of the watershed or are considered rare and high-quality wetlands.