NR 353.01(1)(1) This chapter will facilitate the regulation of projects whose purpose is wetland conservation by establishing a process to review activities associated with the restoration of former wetlands, the enhancement of degraded wetlands, and the maintenance or management of existing wetlands.

NR 353.01(2)(2) Wisconsin has lost almost half its historic wetland acreage and it is recognized that the protection, management and restoration of wetlands in the state will benefit fish, wildlife, water quality, flood control, biodiversity and natural scenic beauty. Pursuant to s. NR 1.95, it is the policy of the department to reverse the loss of wetlands in Wisconsin and to encourage and facilitate the protection, management and restoration of wetlands.

NR 353.02NR 353.02 Applicability. This chapter applies to projects whose purpose is wetland conservation and which are reviewed by the department under ss. 281.36, 30.12, 30.124, 30.19, 30.195, 30.20, 31.02 and 31.12, Stats., and s. NR 1.95 and chs. NR 103, 107, 115, 116, 150, 216, 299, 300, 333 and 350.

NR 353.02 NoteNote: This chapter does not authorize an activity unless the purpose of the project is wetland conservation. For example, this chapter does not authorize the construction of a detention basin in wetlands for stormwater management, even if the detention basin or the project of which the basin is a part will also result in habitat creation or enhancement. Similarly, this chapter does not authorize a flood control project that may also result in creation or enhancement of some wildlife habitat.

NR 353.03(2)(2) “Complete application” means a completed and signed application form, the information specified in s. NR 353.06 (2) and any other information which can reasonably be required from an applicant and which the department needs to make a decision.

NR 353.03(3)(3) “Degraded wetland” means a wetland subjected to deleterious activities such as drainage, excess nutrient runoff, grazing, cultivation, increased stormwater input and partial filling, to the extent that natural wetland characteristics are compromised and where wetland function is reduced.

NR 353.03(4)(4) “Early successional hydrophyte” means a plant adapted to quickly colonize open, disturbed wetlands, which do not persist over time and are replaced by perennials that hold space and persist over time. Examples of these plants include nut sedge (Cyperus spp.), nettle (Urtica dioica), smartweed (Polygonum spp.), wild millet (Echinochloa spp.), ragweed (Ambrosia spp.), Beggar’s ticks (Bidens spp.) and foxtail (Setaria spp.).

NR 353.03(5)(5) “Enhancement” means the manipulation of the physical, chemical or biological characteristics of a degraded wetland to heighten, intensify or improve specific functions or for a purpose such as water quality improvement, flood water retention or wildlife habitat.

NR 353.03(6)(6) “Functional values” means the physical, chemical and biological processes or attributes that occur in a wetland and how society finds certain functions beneficial as listed in s. NR 103.03 (1).

NR 353.03(7)(7) “Invasive plant” means plant species that invade natural plant communities and wild areas and replace desirable native vegetation. Plants known to be invasive in Wisconsin wetlands include, but are not limited to: purple loosestrife (Lythrum salicaria); reed canary grass (Phalaris arundinacea); cattails (Typha latifolia and T. angustifolia and their hybrid); common and glossy buckthorn (Rhamnus cathartica and R. frangula) and common reed (Phragmites australis).

NR 353.03(8)(8) “Maintenance” means the removal of a threat to, or preventing decline of, wetland conditions and includes activities commonly associated with preservation.

NR 353.03(9)(9) “Management” means actions taken at a wetland to establish and maintain desired habitat and human use conditions including water level manipulations, herbicide application, wetland species introduction and control, fencing, monitoring, signage and vandalism repair.

NR 353.03(11)(11) “Post settlement deposition” means sediment accumulated over original hydric surface soils since European settlement of the area.

NR 353.03(12)(12) “Preservation” means the protection of ecologically important wetlands in perpetuity through the implementation of appropriate legal and physical mechanisms.

NR 353.03(13)(13) “Restoration” means the manipulation of the physical, chemical or biological characteristics of a site with the goal of returning natural or historic functions to former or degraded wetland.

NR 353.03(14)(14) “Wetland” 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.

NR 353.03(15)(15) “Wetland conservation” means activities used in the restoration, enhancement, preservation and management of wetlands.

NR 353.04(1)(1) To be eligible for a shortform wetland conservation permit, the department shall determine that all of the following conditions are met:

NR 353.04(1)(b)(b) The project proponent has demonstrated that site conditions exhibit impacts to topography, soils, native vegetation or hydrology that have degraded a wetland and are potentially reversible.

NR 353.04(1)(c)(c) The project proponent has demonstrated that the project involves only listed wetland conservation activities as specified in s. NR 353.05 or that the proposed activity is maintenance of a preexisting wetland conservation project under s. NR 353.10.