Current through August 26, 2024
(1) GENERAL. The
department shall sponsor an in-lieu fee mitigation program to provide
mitigation options to permittees required to mitigate for adverse impacts
associated with a wetland individual permit under s.
281.36(3n) (d), Stats., or for exempt project proponents
required to mitigate for adverse impacts associated with a wetland exemption
under s.
281.36(4n) (b) or (c), Stats. The department in-lieu fee
program established under s.
281.36(3r) (e), Stats., shall have a program instrument
approved by the U.S. army corps of engineers and shall be consistent with
federal regulations.
(2)
INSTRUMENT. The department shall create an in-lieu fee program instrument,
which shall include a description of proposed service areas, accounting
procedures, default and closure provisions, reporting protocols, specification
of the initial allocation of advanced credits, a credit fee methodology, a
description of the program account, and a compensation planning framework that
details mitigation priorities.
(3)
SERVICE AREAS. The department in-lieu fee program may sell advanced credits and
complete mitigation projects to fulfill sold advanced credits in all service
areas in Wisconsin as approved by the U.S. army corps of engineers.
(4) CREDIT FEE SCHEDULE. The department
in-lieu fee program will periodically review and revise the credit fee in each
service area taking into account the cost factors associated with a full
wetland mitigation project, including administration, appraisals, surveys,
title insurance, land acquisition, conservation easements, design and planning,
permit fees, engineering and modeling, construction, maintenance, monitoring,
long-term management, remediation or adaptive management activities, and other
factors as deemed necessary to project success by the U.S. army corps of
engineers. The department will evaluate credit fees after the end of each state
fiscal year on June 30. If the department determines that it is necessary to
revise credit fees based on a full cost accounting of a wetland mitigation
project, the department shall set the new prices on January 1 of the following
calendar year and will post the changes on the in-lieu fee program website. The
department shall provide an annual report to the U.S. army corps of engineers
for each fiscal year that includes justification for changes made to credit
fees.
(5) PROJECT DEVELOPMENT.
(a) The department shall use a request for
proposals application process and the department shall use internal site
identification methods to identify suitable mitigation projects.
(b) The department request for proposals
process may be developed for consultants to provide partial delivery, which
could include one or more of design and planning, construction, maintenance, or
monitoring project aspects, or full delivery, which includes all aspects of a
wetland mitigation project. The department shall advertise funds available for
mitigation projects in each service area on the department website for at least
one round of proposals prior to contracting with a partner to pursue a
prospectus.
(c) The department
shall create a project application and publish the application form on the
in-lieu fee program website. The department will accept mitigation project
proposals from any person. The department will answer questions from potential
applicants regarding the application form or the request for proposals process.
The department will publish staff contact information on the in-lieu fee
program website.
(d) The department
shall establish scoring criteria to be used to review mitigation proposals. The
scoring criteria shall ensure to the most practicable extent that selected
projects compensate for wetland function on the landscape and shall include
criteria pertaining to the ability of the proposal to generate mitigation
credits to meet in-lieu fee program regulatory requirements, the ability of the
site to meet watershed goals as documented in the in-lieu fee program
instrument, the ecological suitability of the site, site hydric soils, and site
hydrology. The department shall publish the scoring criteria on the in-lieu fee
program website. The department shall periodically review and revise the
scoring criteria to comply with federal regulations.
(e) The department will announce and publish
a request for proposals for mitigation projects on a quarterly rolling basis.
The department shall notify applicants of the status of their proposals within
30 days after the request for proposals close date.
(f) The department will search for potential
mitigation projects on public and private land in addition to finding sites
through the request for proposals process.
(g) The department in-lieu fee program may
pursue any potential mitigation site at any time in order to meet construction
timelines or other federal requirements.
(h) If the department identifies a mitigation
site on department land, the department may develop a prospectus to submit to
the U.S. army corps of engineers. The department may request a contractor to
complete additional or all remaining phases of the mitigation project using a
request for proposals process.
(i)
The department may choose to contract for services according to each project
phase, including prospectus development, compensation site plan development,
construction, monitoring and maintenance, and long-term management. Contract
payments will typically be made on a quarterly schedule through an invoice of
services and materials costs.
(6) SITE PROTECTION.
(a) The department shall record a
conservation easement or comparable legal instrument on mitigation sites not
owned by the department unless the U.S. army corps of engineers approves a
comparable legal instrument.
(b)
The department shall place a restrictive covenant on mitigation sites owned by
the department unless a comparable site protection mechanism is already or is
planned to be recorded on the property, as approved by the U.S. army corps of
engineers.
(7) LONG-TERM
MANAGEMENT.
(a) The department shall establish
a mechanism for financial reserves for long-term mitigation project management
to be used for annual easement inspection, invasive species control, and any
other site maintenance and monitoring needs on closed mitigation
projects.
(b) The department may
establish a non-wasting endowment for project funds to be used annually for
long-term site management. Other mechanisms may also be used, if necessary, to
ensure sufficient funds for long-term site management.
(c) When credit generation is complete and a
mitigation project is closed, the department may contract with a private,
public, or nonprofit partner to implement annual long-term management according
to the compensation site plan. A contracted partner may provide additional
funds for long-term maintenance.
