Section 350.11. Long-term protection of compensation sites and mitigation bank sites.

 

(1)  A bank sponsor or person responsible for development of a project specific compensation site under this chapter shall grant a conservation easement under s. 700.40 , Stats., to the department to ensure that the restored, enhanced or created wetland will not be destroyed or substantially degraded by any subsequent owner of or holder of interest in the property on which the wetland is located. At a minimum, the conservation easement shall include any zone of vegetated upland adjacent to the wetland, identified under s. NR 350.05 (5) and credited under s. NR 350.07 (6) . The department shall revoke the permit or other approval if the holder of the permit fails to provide the conservation easement.

(2)  The department shall modify or release a conservation easement issued under sub. (1) if the conditions in s. 281.36 (8m) , Stats., apply.

History: CR 00-164 : cr. Register January 2002 No. 553 , eff. 2-1-02; correction in (2) made under s. 13.92 (4) (b) 7. , Stats., Register May 2013 No. 689 .