Ch. NR 350 NoteNote: Chapter NR 350 as it existed on February 28, 2022, was repealed and a new ch.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(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 NoteNote: Additional information can be found in Guidelines for Wetland Compensatory Mitigation in Wisconsin Version 1.

NR 350.001 HistoryHistory: 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(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)(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 350.003(1)(1) “As-built report” means a document summarizing the completed construction activities on a mitigation bank site, including any changes to the construction plan that occurred.

NR 350.003(2)(2) “Bank service area” or “service area” means the geographic area corresponding to a HUC 6 watershed within which impacts to a wetland from a discharge can be mitigated at a specific mitigation bank or an in-lieu fee program as determined in an agreement between the department and the U.S. army corps of engineers and referenced in a mitigation bank or in-lieu fee program instrument.

NR 350.003 NoteNote: The terms “bank service area” and “service area” refer to the same watersheds as described in an agreement between the department and the United States army corps of engineers that adopts guidelines for wetland compensatory mitigation in Wisconsin. There are 12 service areas that correspond to HUC 6 watersheds, except for the Wisconsin River HUC 6, which is split into “Upper Wisconsin” and “Lower Wisconsin,” and portions of several HUC 6 watersheds adjacent to Lake Superior are combined and referred to as “Lake Superior.”

NR 350.003(4)(4) “Compensation” or “compensatory mitigation” means the restoration, enhancement, creation, or preservation of wetlands expressly for the purpose of compensating for unavoidable adverse impacts that remain after all appropriate and practicable avoidance and minimization has been achieved.

NR 350.003(5)(5) “Compensation search area” means the geographic areas within which impacts to a wetland from a discharge can be mitigated at a specific mitigation bank, including, in order, the HUC 8 watershed, the service area, and basin as the search is conducted.