NR 350.004(2)(2) For wetland mitigation banks, mitigation shall be allowed according to the following order of preference: NR 350.004(2)(a)(a) Purchase of mitigation bank credits in the same HUC 8 watershed as the wetland impacted by the discharge. NR 350.004(2)(b)(b) Purchase of mitigation bank credits in the same service area as the wetland impacted by the discharge. NR 350.004(2)(c)(c) Purchase of mitigation bank credits in the same basin as the wetland impacted by the discharge. NR 350.004(3)(3) The department may allow credits to be purchased from a different mitigation bank than one under sub. (2) or allow mitigation to be done through the in-lieu fee program if it determines that doing so 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. The department may also consider economic factors when making this determination as described in s. 281.36 (3r) (ag), Stats. NR 350.004(4)(4) Mitigation through the use of mitigation banks or the in-lieu fee program shall be preferred over permittee-responsible mitigation. However, permittee-responsible mitigation in the same service area as the wetland impacted by the discharge may be allowed upon review of all of the following factors: NR 350.004(4)(d)(d) Appropriateness of site location relative to proposed wetland impacts. NR 350.004(4)(e)(e) Ability to offset lost wetland functions incurred by a proposed project. NR 350.004(5)(5) 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: NR 350.004(5)(c)(c) The project location, including township, range, and section, and municipality. NR 350.004(5)(d)(d) The HUC 8 name and the service area name where the impacts will occur. NR 350.004(5)(f)(f) Acreage of impacts by wetland community type, if applicable. NR 350.004(5)(g)(g) The number of credits purchased by wetland community type, if applicable. NR 350.004(5)(h)(h) The signatures of both the permittee or exempt project proponent and the mitigation bank sponsor. NR 350.004(6)(6) The department shall not issue a wetland individual permit or submit a notification of eligibility for an exemption unless one or more of the following applies: NR 350.004(6)(a)(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. NR 350.004(6)(b)(b) The department and permittee have agreed to a restoration plan for temporary or secondary impacts. NR 350.004(6)(c)(c) The department has issued a wetland individual permit approval which specifies that the permittee must complete mitigation requirements prior to a discharge. NR 350.004 HistoryHistory: CR 21-026: cr. Register February 2022 No. 794, eff. 3-1-22; correction in (1) made under s. 35.17, Stats., Register February 2022 No. 794. NR 350.005NR 350.005 Amount of compensatory mitigation required. NR 350.005(1)(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. NR 350.005(2)(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: 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.