Wisconsin Administrative Code
Department of Natural Resources
NR 300-399 - Environmental Protection - Water Regulation
Chapter NR 350 - Wetland Compensatory Mitigation
Section NR 350.007 - Prospectus and compensation site plan requirements

Universal Citation: WI Admin Code ยง NR 350.007

Current through August 26, 2024

(1) PROSPECTUS. For mitigation bank projects as described in ss. NR 350.008 to 350.009, a mitigation sponsor shall prepare and submit a prospectus.

(2) PROSPECTUS PURPOSE. The purpose of the prospectus is to provide a mitigation project concept regarding potential restoration, creation, enhancement, or preservation activities.

(3) PROSPECTUS REQUIREMENTS. A complete mitigation site prospectus shall include all of the following information:

(a) Owner and agent. The names of the mitigation sponsor, all involved landowners, any consultants or experts to be involved in the planning, design, and implementation of the mitigation site, and the mitigation sponsor's agent or agents, if applicable.

(b) Qualifications. The qualifications of the mitigation sponsor and members of the project team to successfully complete the types of mitigation projects proposed, including information describing any past activities completed by the sponsor and the project team.

(c) Objectives. A description of the specific objectives that will be accomplished by the proposed mitigation project.

(d) Operation. A description of how the mitigation site will be established and operated.

(e) Service area. A description of the proposed service area.

(f) Need. A description of the general need for the proposed mitigation project.

(g) Technical feasibility. A narrative that provides a description of the existing land uses; a concept of the restoration actions that could occur on site; the functional lift that would occur as a result of the project; and the likelihood that the site will develop into a successful wetland mitigation bank or in-lieu fee program project.

(h) Ownership and long-term management. A description of the proposed ownership arrangements and long-term management strategies for the mitigation site.

(i) Ecological suitability. A description of the suitability of the mitigation site to achieve the proposed objectives, including the physical, chemical, and biological characteristics of the site and how they will support the planned types of wetland resources and functions; and a description of any known or anticipated actions that are currently occurring, or that have a high likelihood of occurring in the future, that could negatively impact the success of the project, such as mineral or vegetation removal, or the alteration of surface or groundwater regimes.

(j) Hydrology. Assurance of sufficient water supply and drainage rights to sustain the proposed water regimes on the site in both the short- and long-term; documentation of any existing or anticipated right of the landowner or others to remove water, soil, minerals, or plants from within or adjacent to the site boundary; documentation of any existing or anticipated right to drain water through, from, or onto the project site or impound water on the project site, such as tile outlets onto the property, ditches through the property, flooding easements, flowage easements, drainage easements, and maintenance easements.

(k) Site maps. Maps that show the proposed mitigation bank location, ownership, soils, topography, mapped existing wetlands, existing easements and infrastructure, floodplains and floodways, and existing hydrologic manipulations such as ditches, drain tiles, or berms.

(l) Supporting justification. Information that supports the appropriateness, feasibility, and practicability of the compensatory mitigation project.

(4) COMPENSATION SITE PLAN. For all mitigation bank, in-lieu fee, and permittee-responsible mitigation project proposals, the mitigation sponsor shall prepare a compensation site plan. The compensation site plan is synonymous with the mitigation plan as described in the federal mitigation rule under 33 CFR Part 332.4(c).

(5) COMPENSATION SITE PLAN PURPOSE. The compensation site plan shall do all of the following:

(a) Demonstrate that the applicant has sufficient scientific expertise to carry out the proposed mitigation project work.

(b) Outline the construction plan and techniques, project goals and objectives, performance standards, monitoring plan and long-term management plan.

(c) Demonstrate that the applicant has sufficient financial resources to assure the project is built according to the plans and specifications and will be monitored and maintained as proposed.

(d) Provide evidence that the site will be protected and maintained as wetland in perpetuity.

(6) COMPENSATION SITE PLAN REQUIREMENTS. A complete compensation site plan shall include all of the following information:

(a) Objectives. A description of the wetland resource type and amount that the mitigation sponsor will provide, the mitigation method, such as restoration, establishment, enhancement, or preservation, and how the provided wetland resource functions will address the needs of the watershed where the project is located.

(b) Site selection. A description of the factors considered during the site selection process. The description should include consideration of watershed needs, on-site alternatives if applicable to permittee-responsible mitigation projects, how the mitigation project fulfills goals from a compensation planning framework for in-lieu fee mitigation sites, and the practicability of accomplishing ecologically self-sustaining wetland resource restoration, establishment, enhancement, or preservation at the site.

(c) Service area. A description of the proposed service area.

(d) Site protection instrument. A description of the legal arrangements and instrument, including site ownership, that the mitigation sponsor will use to ensure the long-term protection of the site.

(e) Baseline information. A description of the ecological characteristics of the proposed site including historic and existing plant communities; historic and existing hydrology sources and processes, including inputs, outputs and alterations; soil conditions; a map showing the locations of mitigation site and the geographic coordinates for the site; and other site characteristics appropriate to wetland mitigation. The baseline information should also include a delineation of waters of the United States, including wetlands, on the proposed site.

(f) Determination of credits. A description of the number of proposed credits the mitigation project will generate, including a brief explanation of the rationale for this determination.

(g) Mitigation work plan. Detailed written specifications and work descriptions for the mitigation project, including all of the following:
1. The geographic boundaries of the project.

2. Construction methods, timing, and sequence.

3. Sources of water, including connections to existing wetlands and uplands.

4. Methods for establishing the desired plant communities.

5. Plans to control invasive plant species.

6. The proposed grading plan including elevations and slopes of the substrate.

7. Soil management.

8. Erosion control measures.

(h) Maintenance plan. A description and schedule of maintenance requirements after construction is completed to ensure the continued viability of the mitigation site.

(i) Performance standards. Objective, measurable, and enforceable performance standards based on restored, enhanced, or created wetland function that shall include all of the following:
1. The acres of wetland by wetland type and mitigation activity type at a mitigation site. The mitigation sponsor shall complete this requirement using a wetland delineation per s. 281.36(2m), Stats., and appropriate vegetative community mapping practices.

2. A set of hydrology performance standards for the site for each wetland community type, including groundwater levels, periods of inundation or saturation, or other metrics that show hydrology goals for the site have been achieved.

3. A set of vegetation performance standards for the site for each wetland community type, including native and invasive species cover, hydrophytic vegetation cover, unvegetated areas, or other metrics that show vegetation goals for the site have been achieved.

4. Any other objective, measurable attributes that document increased wetland function, as required by the department.

(j) Credit release schedule. A proposed schedule for credit releases listing the percentage of total credits that will be released for meeting specific project milestones, including final mitigation bank instrument approval or the in-lieu fee project final compensation site plan, the as-built report, and interim and final performance standards achievement.

(k) Monitoring plan. A description of parameters to be monitored in order to determine if the project is on track to meet performance standards and if adaptive management under par. (m) is needed. A schedule for monitoring and reporting on monitoring results.

(l) Long-term management plan. A description of how the mitigation sponsor will manage the site after performance standards have been achieved to ensure the long-term sustainability of the resource, including long-term financing mechanisms and the party responsible for long-term management. The management plan shall be clear as to what conditions will trigger needs for certain maintenance or management activities.

(m) Adaptive management plan. A management strategy to address unforeseen changes in site conditions or other components of the compensatory mitigation project, including the party or parties responsible for implementing adaptive management measures. The adaptive management plan shall guide decisions for revising compensatory mitigation plans and implementing measures to address both foreseeable and unforeseen circumstances that adversely affect compensatory mitigation success.

(n) Financial assurances. A description of the financial assurances that the mitigation sponsor will provide under s. NR 350.008(3) and how they ensure a high level of confidence that the mitigation sponsor will successfully complete the project, in accordance with its performance standards.

(o) Supporting justification. Information that supports the appropriateness, feasibility, and practicability of the compensatory mitigation project.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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