Section 350.04. Compensatory mitigation sequence.

 

(1)  Project proponents are encouraged to consult with the department in pre-proposal conferences or during the permit application process to identify appropriate compensatory mitigation options.

(2)  The project proponent shall conduct an evaluation of potential on-site compensation opportunities.

(3)  If the department determines that the project proponent has demonstrated that it is not practicable or ecologically preferable to conduct an on-site mitigation project, the department shall allow the project proponent to conduct off-site mitigation.

(4)  Off-site mitigation shall be accomplished by the project proponent as near as practicable to the location of the adversely impacted wetland and through use of any of the following off-site mitigation options:

(a) Development of a project-specific mitigation site located within the compensation search area.

(b) Purchase of mitigation credits from a mitigation bank with a bank site located in the compensation search area.

(c) Purchase of mitigation credits from a bank established prior to February 1, 2002, if the department determines that the bank sponsor is in compliance with a memorandum of understanding between the bank sponsor and the department that requires the bank sponsor to restore wetlands in the geographic management units of its customers.

(5)  Purchase of mitigation bank credits shall be from a bank that is listed on the state registry of approved banks pursuant to s. NR 350.13 .

(6)  If a project proponent opts to purchase mitigation bank credits, the project proponent shall provide to the department a written affidavit that the purchase occurred, providing the name of the mitigation bank, the acres purchased and the signatures of both the project proponent and the bank sponsor.

History: CR 00-164 : cr. Register January 2002 No. 553 , eff. 2-1-02.