AB917,60,24 2f. `Groundwater function.' Groundwater may discharge to a wetland, recharge from a wetland to another area, evaporate from, and/or flow through a wetland. The direction and rate of groundwater flow in a given wetland may change. The criteria that should be considered for their influence on the recharge potential include the total areal extent of wetlands and other waters in the particular drainage basin, and the hydrologic characteristics of the associated aquifer or aquifers including porosity, permeability and transmissivity.

AB917,61,13 2i. `Storm and flood water storage.' Some wetlands may be important for storing water and retarding flow during periods of flood or storm discharge. Even wetlands without surface water connections to other water bodies may serve this function. Such wetlands can reduce or at least modify the potentially damaging effects of floods by intercepting and retaining water which might otherwise be channelled through open flow systems. The importance of a given wetland for storm and flood water storage may be modified by the cumulative effects of the proposed activities and previous activities within the watershed. The flood storage capacity of a particular wetland is primarily a function of its area, basin shape, substrate texture and previous degree of saturation. In general, the greater the area of the wetland and the coarser the texture of the substrate, the greater the potential for flood water storage, given unsaturated field conditions. Similarly, wetland vegetation is an important factor in reducing the energy of flood or storm water.

AB917,62,2 2m. `Shoreline protection.' Wetlands also function to dissipate the energy of wave motion and runoff surges from storms and snowmelt, and thus lessen the effects of shoreline erosion. Wave action shielding by wetlands is not only important in preserving shorelines and channels, but also in protecting valuable residential, commercial and industrial acreage located adjacent to the aquatic ecosystems. The capacity of a particular wetland to act as an erosional buffer for a shoreline depends on such factors as the vegetation characteristics, the shape and size of the wetland and the adjacent shoreline morphology. The protection of shorelines by wetlands depends primarily on the floristic composition, structure and density of the plant community. Shoreline morphology along with fetch, adjacent bottom topography and wetland vegetation are important considerations in evaluating a wetland for its shoreline protection functions. Wetlands along shorelines with long fetches are likely to be associated with major waters of the state and shall not be considered for use.

AB917,62,12 2p. `Other watershed functions.' A wetland may perform a variety of other important functions within a watershed. Wetlands may degrade, inactivate, or store materials such as heavy metals, sediments, nutrients, and organic compounds that would otherwise drain into waterways. However, wetlands may subsequently release potentially harmful materials if the wetland soil is disturbed or its oxidation-reduction conditions altered. Potential alterations of these processes must be considered in the analysis, especially with regard to impacts on wetlands outside the proposed area of use. In assessing the importance of a particular wetland to the performance of watershed functions which influence the physical, chemical and biological properties of related waters, the following shall be considered:

AB917,62,13 a. Density and distribution of plants;

AB917,62,14 b. Area, depth and basin shape;

AB917,62,15 c. Hydrologic regime;

AB917,62,16 d. Physical, chemical and biological properties of the water and soil;

AB917,62,17 e. Relationship of wetland size to watershed size;

AB917,62,18 f. The number and size of other wetlands remaining in that watershed;

AB917,62,19 g. Topography of the watershed;

AB917,62,21 h. Position of the wetland within the watershed relative to springs, lakes, rivers and other waters;

AB917,62,23 i. Land use practices and trends within the watershed, or the likelihood of nutrient, sediment or toxin loads increasing.

AB917,63,6 3. `Recreational, cultural and economic value.' Some wetlands are particularly valuable in meeting the demand for recreational areas, directly or indirectly, by helping to maintain water quality and providing wildlife habitat. Examples of recreational uses include: hunting, canoeing, hiking, snowshoeing, and nature study. To some people and cultures certain wetlands provide an important part of their economic base and/or contribute to their cultural heritage. In assessing the recreational, cultural and economic potential of a particular wetland, the following should be considered:

AB917,63,7 a. Wetland type;

AB917,63,8 b. Size;

AB917,63,9 c. Suitability and compatibility for the different types of recreational uses;

AB917,63,10 d. Legal access.

AB917,63,11 e. Accessibility without damage to other wetland values or functions;

AB917,63,12 f. Proximity to users;

AB917,63,13 g. Position in relation to lakes, rivers and other waters;

AB917,63,15 h. Whether it provides habitat for or produces species of recreational, cultural or economic interest; and

AB917,63,18 i. Whether the products of some wetlands species (e.g., wild rice, furbearers, fish) have special cultural value and/or provide a significant portion of the economic base for the people of a region.

AB917,64,2 4. `Scarcity of wetland type.' Certain wetland types (e.g., fens, wild rice lakes) which are statewide or regionally scarce possess special resource significance. Scarcity or rareness depends on the frequency of occurrence of the type, the area of the type in existence prior to settlement, the historical conversion of the type and its resultant degree of destruction, and the amount of similar habitat in the present landscape of the region. In assessing the scarcity of a particular wetland, a comparative measure of the commonness among all wetland types and the degree to which wetlands of all types occur in the surrounding landscape should be considered.

AB917,64,11 5. `Aquatic study areas, sanctuaries and refuges.' Through various local, state and federal actions, large areas of the nation's wetlands have been designated and preserved by public agencies for scientific study, and the protection of aquatic and terrestrial habitats. Many public and private groups have also established sanctuaries and refuges in wetlands. Wetland areas that are legally and/or administratively controlled as such, or that are included or nominated for inclusion in the national register of natural landmarks, could be comparatively important. Wetland areas of significant social, cultural, or historic value, such as known landmarks, are considered important.

AB917,64,19 6. `The ecosystem concept in a regional context.' The previous subsections suggest that wetlands may not only have important functions within their boundaries, but may also interact with ecosystems of the surrounding region. The potential impact of wetland modification may influence distant wetlands if they are structurally and functionally related in the region. Similarly, the functions and values of any wetland may be affected by other existing and potential water resource activities in the region. Therefore, consideration should be given to those impacts which are shown to be of regional concern.

AB917,64,23 (h) All wetlands which are to be used by the proposed activity shall be inventoried and analyzed pursuant to this chapter. The use of such wetlands shall be de minimis and, therefore, exempt from further application of this section, if the applicant demonstrates the following by a preponderance of evidence:

AB917,65,3 1. The wetlands to be used are or can be made to be sufficiently hydrologically isolated from the surface and underground waters of the state so that no violations of applicable laws and regulations would result;

AB917,65,5 2. The wetlands are not special or unique utilizing the result of the analysis made pursuant to this chapter; and