Section 350.06. Amount of compensatory mitigation required.  


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  • (1)  The department shall determine the number of acres of compensation required based on sub. (2) and shall inform the project proponent of the determination. Except as provided in sub. (2) , the compensation ratio is 1.5:1, which means 1.5 acres of compensation for each acre of impacted wetland.
    (2)  A compensation ratio of 1:1 may apply if the project proponent demonstrates to the satisfaction of the department that the following conditions are met:
    (a) Credits will be purchased from a mitigation bank that is listed on the state registry of approved banks pursuant to s. NR 350.13 .
    (b) The permitted project will not impact any of the following types:
    1. Deep marsh.
    2. Ridge and swale complex.
    3. Wet prairie not dominated by reed canary grass ( Phalaris arundinacea ) to the exclusion of a significant population of native species.
    4. Ephemeral pond in a wooded setting.
    5. Sedge meadow or fresh wet meadow not dominated by reed canary grass ( Phalaris arundinacea ) to the exclusion of a significant population of native species and located south of highway 10.
    6. Bog located south of highway 10.
    7. Hardwood swamp located south of highway 10.
    8. Conifer swamp located south of highway 10.
    9. Cedar swamp located north of highway 10.
History: CR 00-164 : cr. Register January 2002 No. 553 , eff. 2-1-02.