"(8) Mitigation program.
Notwithstanding s. 295.60 (1) (i), in 4
this section "water basin" means the Lake Michigan basin, the Lake Superior basin, 5
or the Mississippi River basin.
A mitigation program to compensate".
"(d) Sequence of mitigation.
If it is not practicable or ecologically preferable to 12
conduct mitigation at an on-site location or if there is no on-site location that will 13
provide sufficient wetland acreage, the department shall require that the applicant
conduct mitigation within the same watershed in which the wetland to be affected 2
is located, unless mitigation in the same watershed is not practicable or ecologically 3
preferable. If mitigation within the same watershed is not practicable or ecologically 4
preferable, the department shall require that the applicant conduct mitigation 5
within the same water basin in which the wetland to be affected is located. If 6
mitigation in the same water basin is not practicable or ecologically preferable, the 7
applicant may conduct mitigation at a site elsewhere in the state.
(dm) Types of mitigation.
Mitigation under a program under par. (am) may be 9
accomplished through any of the following types:".
105. Page 152, line 19
: after "territory." insert "If the department determines 11
under par. (d) that mitigation will occur within a certain watershed or water basin 12
and if the watershed or water basin is not located totally in the ceded territory, the 13
mitigation shall occur within that part of the watershed or water basin that is located 14
in the ceded territory.".