Wetland Mitigation: Understanding the NR 103 Decision Process

If you would like to view or print a formatted table with this information, please see Understanding the NR 103 Decision Process [PDF 36KB]. Otherwise, review the information below.

First, decide which of the following topics best describes your proposal. Then, read down the list for the process that the DNR must follow to review your proposal. Notes and definitions are provided at the bottom of the page.

Topic List

• The Standard Process
• Activity to Impact an Area of Special Natural Resource Interest
• Activity Involves Wetland Impact of 0.1 Acres or Less, or Activity is Wetland Dependent
• Each of the Wetlands Affected is Less Than 1 Acre in Size, Outside the 100-year Floodplain, and Not on the List of Certain Types
• Cranberry Operation

Decision Processes

1. The Standard Process
   (for activities that do not fall under bullets B through E)

   Practicable Alternatives Analysis¹

   1. Is there an avoid Alternative?
   2. How Can Wetland impacts be minimized?

   Functions and Values Assessment and Compensatory Mitigation ²

   3. Evaluate Wetland Functions and values after alternatives test is met.
   4. DNR may consider Functions and values of mitigation project if it is part of the application.
   5. Applicant must show no significant adverse impacts.

2. Activity to Impact an Area of Special Natural Resource Interest ³

   Practicable Alternatives Analysis ¹

   1. Is there an avoid Alternative?
   2. How Can Wetland impacts be minimized?

   Functions and Values Assessment and Compensatory Mitigation ²

   3. Evaluate Wetland Functions and values after alternatives test is met.
   4. Compensatory mitigation cannot be considered in the state decision.
   5. Applicant must show no significant adverse impacts.

3. Activity Involves Wetland Impact of 0.1 Acres or Less, or Activity is Wetland Dependent

   Practicable Alternatives Analysis ¹

   1. Is there an avoid Alternative?
   2. How Can Wetland impacts be minimized?

   Functions and Values Assessment and Compensatory Mitigation ²

   3. Evaluate wetland functions and values concurrently with alternatives to avoid and minimize. DNR may consider functions and values of mitigation project if it is part of the application.
   4. Applicant must show no significant adverse impacts.

4. Each of the Wetlands Affected is Less Than 1 Acre in Size, Outside the 100-year Floodplain, and Not on the List of Certain Types ⁴

   Practicable Alternatives Analysis ¹

   1. Is there an avoid Alternative?
   2. How Can Wetland impacts be minimized?

   Functions and Values Assessment and Compensatory Mitigation ²

   3. Evaluate wetland functions and values concurrently with alternatives to avoid and minimize. DNR may consider functions and values of mitigation project if it is part of the application.
   4. Applicant must show no significant adverse impacts.

5. Cranberry Operation

   Practicable Alternatives Analysis ¹

   1. Is there an avoid Alternative?
   2. How Can Wetland impacts be minimized?

   Functions and Values Assessment and Compensatory Mitigation ²

   3. Evaluate wetland functions and values concurrently with alternatives to avoid and minimize. Alternatives for expansions limited to existing or immediately adjacent property.
   4. Applicant must show no significant adverse impacts.

Notes

1. For landfill expansions, alternatives may be limited to areas adjacent to or on the same property. For activities affecting non-federal wetlands for which there has been an official determination of public safety by a governmental unit, the Department cannot ask the applicant to evaluate practicable alternatives.
2. All compensatory mitigation shall be conducted in accordance with NR 350 [PDF exit DNR].
3. Wetlands of special natural resource interest includes those wetlands both within the boundary of designated areas of special natural resource interest and those wetlands which are in proximity to or have a direct hydrologic connection to such designated areas including: cold water communities including all trout streams and their tributaries and trout lakes; Lakes Michigan and Superior and the Mississippi River; state and federal designated wild and scenic rivers, designated state riverways and state designated scenic urban waterways; unique and significant wetlands identified in special area management plans (SAMP), special wetland inventory studies (SWIS), advanced delineation and identification studies (ADID); calcareous fens; habitat used by state or federally designated threatened or endangered species; state parks, forests, trails and recreation areas; state and federal fish and wildlife refuges and fish and wildlife management areas; state and federal designated wilderness areas; designated or dedicated state natural areas; wild rice waters; any other surface waters identified as outstanding or exceptional resource waters.
4. To be reviewed under this column the activity cannot impact any of the following wetland types: deep marsh; ridge and swale complex; wet prairie not dominated by reed canary grass to the exclusion of a significant population of native species; ephemeral pond in a wooded setting; sedge meadow or fresh wet meadow not dominated by reed canary grass to the exclusion of a significant population of native species and located south of highway 10; bog located south of highway 10; hardwood swamp located south of highway 10; cedar swamp located north of highway 10; conifer swamp located south of highway 10.