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 History History: 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 350.005 NR 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.

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)1.d. d. The ratio may increase to fully compensate for impacts to wetland function and acreage.

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 Note Note: 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 Note Note: 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 Note Note: 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 350.005 History History: CR 21-026: cr. Register February 2022 No. 794, eff. 3-1-22.

NR 350.006 NR 350.006 Site crediting.

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(1)(b) (b) A crediting system tied to wetland type and acres.

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.