NR 1.95(4)(b)(b) “Wetland”, as defined in s. 23.32 (1), Stats., 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. It is the intention of the natural resources board that where the term “wetland” appears in a rule promulgated by the department and the rule does not contain a specific definition, the definition of “wetland” in this paragraph shall apply.

NR 1.95(4)(c)1.1. ‘Outreach and technical assistance.’ The department shall encourage public and private owners of wetlands to make sound decisions to use their land in a way that sustains both wetland and socio-economic benefits.

NR 1.95(4)(c)2.2. ‘Partnerships.’ The department shall cooperate with appropriate governmental units, private groups and the public to further the protection and enhancement of wetlands to provide opportunities for education on wetland values and ecology. The department shall work directly with local officials and developers to encourage them to avoid wetland destruction or incorporate the wetland into their project planning and reduce the need for a permit.

NR 1.95(4)(c)3.3. ‘Stewardship incentives.’ The department shall, in cooperation with other state and federal agencies, provide incentives and conservation programs for wetland owners that encourage ecological restoration of altered and degraded wetlands and reward the perpetual preservation of wetlands and associated upland areas.

NR 1.95(4)(d)(d) The department shall preserve, protect, restore and manage the state’s wetland communities to be sustainable, diverse and interspersed with healthy aquatic and terrestrial communities.

NR 1.95(4)(d)1.1. ‘Ecosystem health and integrity.’ The department shall protect, restore and manage the state’s wetlands to contribute to ecosystem health. The department shall work with stakeholders to identify high quality wetlands taking into consideration ecosystem needs, physical and biological watershed processes, as well as social values, uses and perceptions.

NR 1.95(4)(d)2.2. ‘Department management actions.’ The department shall select resource management techniques which maintain or improve wetland functions and values with no significant or irreversible adverse effects. Actions shall be limited to those specifically required to meet the objectives enumerated in sub. (2) (d).

NR 1.95(4)(d)3.3. ‘Land acquisition and easements.’ The department’s land acquisition and community financial assistance land acquisition programs shall place special emphasis on obtaining wetlands that provide quality fish and wildlife habitat, particularly for threatened or endangered species; that significantly affect the maintenance or improvement of water quality; that have special value as scientific or natural areas; or that are imminently threatened with extensive alteration or destruction. Unique, exceptionally high quality or scarce wetland community types and associated aquatic and terrestrial communities will be held in perpetuity through acquisition of land or easements by federal, state, tribal and local government or not-for-profit conservation organizations for future generations.

NR 1.95(4)(d)4.4. ‘Restoration.’ The department shall consider the full range of ecological concerns and meet multiple purposes in wetland restoration and enhancement projects. These projects shall help recapture previously drained or filled wetlands and result in an increase in wetland acreage and function. The department, with assistance from stakeholders, shall identify restoration sites in each watershed based on the potential to successfully restore important wetland functions and values, and the opportunity to restore a watershed’s ecological integrity.

NR 1.95(4)(d)5.5. ‘Enhancement for specific functions.’ The department shall develop statewide plans and programs that allow wetlands to be managed and enhanced for specific functions.

NR 1.95(4)(e)1.1. ‘Regulation.’ The department shall seek to administer a comprehensive state wetland regulatory program that is simple, straightforward and reasonable, and make decisions in a predictable, timely and fair manner. The department’s wetland regulatory decisions shall be made in accordance with standards in ch. NR 103.

NR 1.95(4)(e)2.2. ‘Enforcement.’ The department shall have an effective wetland enforcement program that discourages permit violations and illegal wetland fill activities. The department’s enforcement activities shall include steps to assure, to the fullest extent practicable, the restoration of wetlands which were unlawfully altered.

NR 1.95(4)(e)3.3. ‘Compensatory mitigation.’ The department shall administer an easy-to-understand compensatory mitigation program available to permit applicants. The full range of wetland impacts shall be considered when planning development projects. This program shall recognize the need to avoid and minimize adverse wetland effects, to replace wetland functions, and to enable fair, protective and common sense regulatory decisions. The department’s wetland compensatory mitigation decisions shall be made in accordance with the procedures in ch. NR 103 and the standards in ch. NR 350.

NR 1.95(4)(e)4.4. ‘Liaison activities.’ In its liaison activities with federal, tribal, local and other state agencies and in the absence of regulatory authority, the department shall strongly recommend avoidance of wetland areas and concur with their use or alteration only when necessary to minimize the overall environmental impacts of a proposal. In those cases, the recommended amount of wetland use or alteration shall be held to the minimum. The department shall encourage applicants to consider the full range of wetland impacts when planning development projects.

NR 1.95(4)(f)1.1. ‘Technology.’ The department shall make use of technological advances to ensure that staff and the public have the most current wetland information that can be easily integrated with other environmental and geographical databases.

NR 1.95(4)(f)2.2. ‘Inventory and tracking.’ The department shall maintain an inventory of the state’s wetland resources and make it readily available to the public and staff for a full range of planning, policy, management and regulatory applications. The department shall develop and maintain a unified system to track and monitor restoration, preservation, management and regulatory actions.

NR 1.95 HistoryHistory: Cr. Register, March, 1978, No. 267, eff. 4-1-78; r. and recr. Register, January, 1980, No. 289, eff. 2-1-80; am. (4) (c) and cr. (4) (d), Register, June, 1984, No. 342, eff. 7-1-84; correction in (2) (b) and (d) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1999, No. 525; CR 00-163: am. (1), (2) (intro.), (3) (b) 2. (intro.), 2. c., 4., and 6., r. and recr. (4) and r. (5) and (6), Register July 2001, No. 547 eff. 8-1-01.

NR 1.98(1)(a)(a) It is the policy of the department of natural resources to seek the best, most current scientific information available on which to base its management and regulatory decisions. In keeping with this policy, the department operates a research program, through the bureau of research, which conducts and oversees research in natural resource management and environmental protection.

NR 1.98(1)(b)(b) It is the policy and statutory obligation of the department to make management and regulatory decisions to protect and enhance the natural resources of Wisconsin and the public’s interests in and rights to those natural resources.

NR 1.98(1)(c)(c) It is the policy and statutory obligation of the department to conduct its actions in an open and publicly accessible manner to facilitate public involvement, understanding and acceptance, and in accordance with the public records and open meeting laws of Wisconsin.

NR 1.98(1)(d)(d) It is the policy of the department to accept donations of land, money, time, equipment and human effort to support department programs under the authority provided in s. 23.09 (2) (o), Stats.,“to accept and administer gifts, grants, bequests, and devises.”

NR 1.98(2)(2) Purpose. To assure that the authority provided in s. 23.09 (2) (k), Stats., is exercised in a manner consistent with the department’s mission and policies and with applicable statutory obligations and ethical requirements, the department finds it appropriate to adopt these guidelines for the receipt of such public or private source funding.

NR 1.98(3)(a)(a) “Public or private source” means any organization, entity or individual outside of the department of natural resources, and includes public and private sector entities which are regulated, either directly or indirectly, by the department. This term does not include the department of natural resources, the Wisconsin state legislature, or the agencies of the federal government.