WETLAND COMPENSATORY MITIGATION

NR 350.001   Purpose; authority.

NR 350.002   Applicability.

NR 350.003   Definitions.

NR 350.004   Mitigation alternatives.

NR 350.005   Amount of compensatory mitigation required.

NR 350.006   Site crediting.

NR 350.007   Prospectus and compensation site plan requirements.

NR 350.008   Process for establishing a mitigation bank.

NR 350.009   Mitigation bank operation.

NR 350.010   Department in-lieu fee program operation.

NR 350.011   Permittee-responsible mitigation.

NR 350.012   Enforcement.

Ch. NR 350 Note Note: Chapter NR 350 as it existed on February 28, 2022, was repealed and a new ch. NR 350 was created, Register February 2022 No. 794, effective March 1, 2022.

NR 350.001 NR 350.001 Purpose; authority.

NR 350.001(1) (1) The purpose of this chapter is to establish standards for mitigation decisions related to regulated wetland impacts and to establish standards and procedures for the planning, implementation, maintenance, and monitoring of wetland compensatory mitigation in Wisconsin, including private mitigation banks, in-lieu fee programs and their projects, and permittee-responsible mitigation projects. This chapter also establishes procedures and standards for the department’s in-lieu fee subprogram.

NR 350.001(2) (2) This chapter is adopted pursuant to s. 281.36, Stats.

NR 350.001 Note Note: Additional information can be found in Guidelines for Wetland Compensatory Mitigation in Wisconsin Version 1.

NR 350.001 History History: CR 21-026: cr. Register February 2022 No. 794, eff. 3-1-22; correction in (title) made under s. 13.92 (4) (b) 2., Stats., Register February 2022 No. 794.

NR 350.002 NR 350.002 Applicability.

NR 350.002(1) (1) This chapter applies to all the following:

NR 350.002(1)(a) (a) Permitted and exempt wetland impacts requiring mitigation under s. 281.36, Stats.

NR 350.002(1)(b) (b) Wetland compensatory mitigation projects, including private mitigation bank, in-lieu fee program, and permittee-responsible projects, that are considered by the department as part of a review process conducted in accordance with chs. NR 103, 131, and 132.

NR 350.002(2) (2) This chapter does not apply to any of the following:

NR 350.002(2)(a) (a) Wetland compensatory mitigation conducted by the department of transportation as part of the liaison process pursuant to s. 30.2022, Stats.

NR 350.002(2)(b) (b) Compensatory mitigation conducted as a requirement of a federal permit issued prior to February 1, 2002.

NR 350.002(2)(c) (c) Compensatory mitigation for ferrous mining or bulk sampling activities in accordance with s. 295.60 (8), Stats.

NR 350.002 History History: CR 21-026: cr. Register February 2022 No. 794, eff. 3-1-22.