Wetland Compensatory Mitigation: Applicant's Checklist

Please review these steps and, if applicable, include the described items in your Wetland Water Quality Certification application if you plan to include compensatory mitigation.

1. Contact the appropriate US Army Corps of Engineers Project Manager (Exit DNR) to understand federal Section 404 requirements. The Corps may require compensatory mitigation as part of a federal permit approval.
2. Contact the DNR Water Management Specialist (WMS) for your area as early as possible to hold a pre-application consultation on the likelihood for compliance with NR 103. Refer to Understanding the NR 103 Decision Process to determine which review process column will likely apply to your application. Note in the table, that for some activities (see sections C and D), compensatory mitigation can be considered as part of the evaluation of alternatives that might avoid or minimize wetland impacts (called the "practicable alternatives analysis" or PAA); in other cases (see column A of the table), the compensatory mitigation can only be considered after the PAA is complete.
3. If compensatory mitigation will be required by the Corps, or if you want to offer compensatory mitigation as part of your application, you should follow the requirements for mitigation in NR 350 (PDF; Exit DNR) and as explained in Guidelines for Wetland Compensatory Mitigation in Wisconsin (2002, Wisconsin DNR, US Army Corps of Engineers, US EPA, and US Fish and Wildlife Service; PDF, 1.4MB)
4. You may want to hire an experienced consultant to help you meet the requirements for planning, designing, constructing and monitoring a mitigation project.
5. The primary review responsibility rests with the DNR Water Management Specialist (#2 above). If compensatory mitigation will be part of the application, the review of the mitigation proposal will be handled by Wetland Ecologist Pat Trochlell (608-267-2453) in the Department's central office in Madison. Central office staff will also lead the review of all bank proposals.
6. Review Chapter 4 of the Guidelines for Wetland Compensatory Mitigation in Wisconsin (PDF, 1.4MB) and Chapter NR 350.06, Wis. Adm. Code (PDF; Exit DNR) to make a preliminary determination of the amount of compensation required (i.e., "Compensation Ratio").
7. NR 350 (PDF; Exit DNR) and the Guidelines for Wetland Compensatory Mitigation in Wisconsin (PDF, 1.4MB) require that you first look on-site (within ½ mile of the adversely affected wetland) for good wetland restoration opportunities. In the absence of on-site opportunities, you are allowed to seek mitigation projects or buy credits from a mitigation bank within a compensation search area that includes: anywhere in the county of your project; anywhere within 20 miles of your project; or anywhere within the DNR Geographic Management Unit (GMU).
8. Demonstrate in writing that you have looked for on-site (within ½ mile of the wetland impact) opportunities. Provide a map of the ½ mile search area. Discuss the restoration options and any constraints to using these options. It is possible to propose a combination of on-site mitigation and off-site (including bank credit purchase) to meet the mitigation needs.

9. If on-site or off-site is proposed, provide a draft compensation site plan following Chapter 7 of the Guidelines for Wetland Compensatory Mitigation in Wisconsin (PDF, 1.4MB) and Chapter NR 350.08, Wis. Adm. Code (PDF; Exit DNR). Drafts of the conservation easement and financial assurances should be included. Please refer to the training materials for more guidance.

   NOTE: the draft plan MUST address all of the elements listed in the Compensation Site Plan Executive Summary (Appendix B, page 47) and the Compensation Site Plan Outline (page 25) of the Guidelines for Wetland Compensatory Mitigation in Wisconsin (PDF, 1.4MB).

10. If you plan to use a bank, use the WDNR Wetland Mitigation Bank Registry to find a bank site. Make contact with the bank sponsor to determine availability of bank credits. Do not purchase credits until your mitigation proposal has been approved by the the Wetland Ecologist.
11. Submit a Mitigation Summary Sheet (see page 31 of Guidelines for Wetland Compensatory Mitigation in Wisconsin (PDF, 1.4MB).
12. Once the compensation site plan or proposal to purchase bank credits has been approved by the Wetland Ecologist, submit required legal and financial documents such as the conservation easement, financial assurances, or affidavit of bank credit purchase.
13. The Wetland Ecologist will inform the Water Management Specialist when all compensatory mitigation requirements have been met.