(1) An owner of any
wetland conservation project constructed prior to August 1, 1991, may conduct
maintenance activities if all the following conditions are met:
Note: The construction and maintenance of wetland
conservation projects has been regulated since August 1, 1991, the effective
date of ch. NR 103, Wetland Water Quality Standards.
(a) The owner submits to the department a
description and a diagram of existing site conditions which includes: the
location of the project; hydrologic characteristics of the site; existing plant
communities on the site; the location and condition of existing dikes, ditches,
nesting islands, water level control structures and pumps, and other project
infrastructures; current land use for the site; and past management and
maintenance activities that have occurred on the site.
(b) The owner submits to the department a
description of proposed maintenance activities including areas to be excavated
and cross-sections of proposed enhancements to existing dikes and nesting
islands. A hydrologic or hydraulic analysis may be required if the proposed
project includes alteration to the height or cross-section of the dike. If the
analysis is required, the applicant may be required to retain an engineer
registered in the state of Wisconsin, to prepare this analysis.
(c) Upon receipt of the descriptions and
diagram under pars. (a) and (b), the department and the applicant shall conduct
a field review of the project.
(d)
After field review and modifications deemed necessary to the maintenance
project, the department shall approve the maintenance activities if it
determines the plan is consistent with the purpose of enhancing wetland
functional values.
(e) The
applicant shall allow department employees access to make inspections to assure
that the maintenance activities are in compliance with the approved
plan.
(2) The department
may approve excavation of material from a wetland or from any existing ditches,
if the purpose of the excavation is to enhance wetland functional values
related to wildlife habitat.
(3)
Upon approval of the plan under sub. (1) (d), the applicant may conduct the
maintenance activities described in the plan without any further approval by
the department.
