Section 353.10. Maintenance of pre-existing wetland conservation projects.

 

(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:

(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.

History: CR 01-144 : cr. Register January 2003 No. 565 , eff. 2-1-03.

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. Microsoft Windows NT 6.1.7601 Service Pack 1