Section 350.12. Process for establishing a mitigation bank.

 

(1)  A prospective bank sponsor shall prepare a bank prospectus and provide copies to both the department and the United States army corps of engineers. The bank prospectus shall at a minimum include the following information:

(a) Identification of the bank sponsor and purpose of the bank.

(b) Identification of consultants or experts to be involved in design of the bank's compensation site.

(c) Location of the proposed compensation site.

(d) General description of current ownership and land-use at the compensation site.

(e) General description of anticipated design concept for wetland restoration, enhancement or creation at the proposed compensation site.

(2)  Upon receipt of a bank prospectus, the department shall:

(a) Facilitate a meeting of the mitigation bank review team within 60 working days;

(b) Provide to the prospective bank sponsor the department's written opinion as to the likelihood that a proposed compensation site will comply with the requirements of this chapter.

(3)  Based on comments received from the department and other members of the MBRT, a prospective bank sponsor shall prepare a draft bank document and provide copies to both the department and the United States army corps of engineers. The draft bank document shall include the following information:

(a) Information required under sub. (1) .

(b) A draft compensation site plan for each proposed compensation site developed in accordance with s. NR 350.08 .

(c) Information on the operation of the bank including the expected number of credits, provisions for sale of credits, accounting and reporting procedures, and provisions for site inspections.

(d) A discussion of the persons responsible for management of the bank accounting, long-term ownership of the bank site, monitoring of bank site and maintenance and management of the bank site.

(e) A proposed conservation easement for the bank site pursuant to s. NR 350.11 .

(f) A proposed schedule that includes, at a minimum, a timeline for finalizing the bank document, construction and monitoring.

(4)  Upon receipt of a draft bank document, the department shall:

(a) Facilitate finalization of the bank document.

(b) In accordance with sub. (5) , issue public notification that a draft bank document has been received and is under review.

(c) Provide to the prospective bank sponsor the detailed comments of the MBRT and a listing of state permits or approvals that may be required for construction of any proposed bank sites.

(5)  

(a) The department shall develop a news release for each draft banking document to include all of the following information:

1. The name of the bank sponsor.

2. A brief description of the bank including all bank sites.

3. The name and address of a contact within the department who can receive comments and respond to questions.

4. A date by which the department will accept and consider comments.

(b) When deemed appropriate by the department, any other department notice, including a notice required under statute or administrative rule, containing the information in par. (a) may be used in lieu of a news release.

(c) The department shall distribute the news release or legal notice to appropriate news media in the vicinity of the proposed action.

(6)  Once all concerns of the department and MBRT have been addressed by the prospective bank sponsor to the satisfaction of the department, the bank sponsor shall prepare a final bank document. The department shall be a signatory to the bank document pursuant to s. NR 350.13 (2) .

(7)  Upon receipt of the final bank document with the signatures of all members of the MBRT, the department shall include the bank on the state registry pursuant to s. NR 350.13 (1) .

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