NR 350.003(24) (24) “Mitigation bank instrument” means a legal document governing the establishment and operation of a mitigation bank, which includes the compensation site plan, financial and mitigation credit provisions, site ownership and legal protection, and long-term management plans.

NR 350.003(25) (25) “Mitigation project” or “mitigation site” means a wetland restoration, enhancement, creation, or preservation site that is developed with the intention of selling credits to permittees or exempt applicants in need of mitigation or a site developed by a permittee or exempt applicant to fulfill their mitigation requirements.

NR 350.003(26) (26) “Mitigation sponsor” or “sponsor” means any public or private individual or entity responsible for establishing and operating a mitigation bank, in-lieu fee program, or permittee-responsible mitigation project.

NR 350.003(27) (27) “Monitoring plan” means a narrative describing the data collection, analysis, and reporting requirements for documenting the change in wetland function on mitigation sites in a compensation site plan approved by the department.

NR 350.003(28) (28) “Nonfederal wetland” means a wetland that is not subject to federal jurisdiction under 33 USC 1344.

NR 350.003(29) (29) “On-site” means a mitigation project located within one-half mile of the impacted wetland.

NR 350.003(30) (30) “Performance standards” are observable or measurable physical, including hydrological, chemical, and/or biological attributes that are used to determine if a compensatory mitigation project meets its objectives.

NR 350.003(31) (31) “Permittee” means an applicant for a wetland general or individual permit under s. 281.36, Stats.

NR 350.003(32) (32) “Permittee-responsible mitigation project” means a mitigation project developed by a permittee or exempt project proponent, or their authorized agent or contractor, to complete required mitigation and for which the permittee or exempt project proponent retains full legal responsibility.

NR 350.003(33) (33) “Preservation” means removing a threat to, or preventing the decline of, ecologically significant or rare or high-quality wetlands through long-term site protection that alone does not result in a gain of wetland resource area or functions.

NR 350.003(34) (34) “Prospectus” means a preliminary wetland mitigation project design prepared by a mitigation sponsor and including descriptions of existing site conditions, site ownership and management, mitigation goals and objectives, and ecological suitability of the project.

NR 350.003(35) (35) “Re-establishment” means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning ecological functions to a former wetland resource that results in a gain in wetland resource area and function.

NR 350.003(36) (36) “Rehabilitation” means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing ecological functions to a degraded existing wetland resource that results in a gain in wetland resource functions but does not result in a gain in wetland resource area.

NR 350.003(37) (37) 

NR 350.003(37)(a) (a) “Restoration” means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning ecological functions to a former or degraded wetland resource.

NR 350.003(37)(b) (b) “Restoration” includes re-establishment and rehabilitation.

NR 350.003(38) (38) “Secondary impacts” means impacts to wetlands that are causally linked to the proposed project.

NR 350.003 Note Note: Secondary impacts may include, but are not limited to, hydrologic impacts, changes in wildlife use to due habitat fragmentation or habitat conversion, or the introduction or increase of invasive or non-native plant species to a wetland.

NR 350.003(39) (39) “Temporary impacts” means adverse impacts to wetlands that are not permanent and are the result of a permitted or exempt project and meet one or more of the following requirements:

NR 350.003(39)(a) (a) Only occur during the non-growing season.

NR 350.003(39)(b) (b) Result in negligible impacts to wetland function or area.

NR 350.003(39)(c) (c) Restore preexisting wetland function at or soon after the conclusion of the permitted or exempt activity.

NR 350.003 Note Note: Temporary impacts may include, but are not limited to, open trenching, timber mat placement, or temporary vegetation clearing.

NR 350.003(40) (40) “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 350.003(41) (41) “Wetland delineation” means the standard procedure for determining the boundary of a wetland area, following the process required under s. 281.36 (2m), Stats.

NR 350.003 History History: CR 21-026: cr. Register February 2022 No. 794, eff. 3-1-22; correction in (37) (b) made under s. 35.17, Stats., Register February 2022 No. 794.

NR 350.004 NR 350.004 Mitigation alternatives.

NR 350.004(1) (1) For mitigation required under the issuance of wetland individual permits per s. 281.36 (3n) (d), Stats., and for a discharge that is exempt from permitting requirements under s. 281.36 (4n) (b) or (c), Stats., the department may, in consultation with the U.S. army corps of engineers, allow mitigation to be completed using a wetland mitigation bank, participating in the in-lieu fee program, or completing a permittee-responsible project in the same service area as the site of the discharge.

NR 350.004(2) (2) For wetland mitigation banks, mitigation shall be allowed according to the following order of preference: