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Permittee-responsible mitigation

wetland photo

If no mitigation credits are available for purchase or if preferred, an individual permit applicant or a nonfederal exempt project proponent may satisfy mitigation requirements though the completion of a wetland mitigation project.

While the DNR does not prefer this option, as stipulated under 218.36(3r)(b), Wis. Stats., permittee-responsible mitigation may result in significant ecological value to the local watershed where the wetland impact occurs. For wetland individual permit applicants, permittee-responsible mitigation sites must be located in the same Service Area or within one-half mile of the wetland impact site. For exempt nonfederal wetland project proponents, sites must be located within the same Compensation Search Area, which includes the geographic management unit (GMU), the county, and a 20-mile radius within the wetland impact site.

In order to propose this type of mitigation, the permittee or exempt project proponent must prepare a draft Compensation Site Plan (CSP) in accordance with the 2013 Guidelines for Wetland Compensatory Mitigation in Wisconsin Version 1, Chapter 5 that meets all of the elements listed in the permittee responsible mitigation requirements document. Permittees and project proponents may want to hire an experienced consultant to help meet the detailed requirements for planning, design, construction, and monitoring necessary for completing a mitigation site. After the CSP is approved by the Wetland Mitigation Coordinator, the permittee or project proponent should acquire the signatures to execute the conservation easement and financial assurances documents.

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