281.36 (3r) (a) 1. b., c. and d. of the statutes are created to read:
(a) 1. b. Except as provided in subd. 1. c., if credits are not available 15
to be purchased as provided under subd. 1. a., credits may be purchased from a 16
mitigation bank within 50 miles of the wetland impacted by the discharge, as 17
measured between the closest outer boundary of the impacted wetland and the 18
closest outer boundary of the mitigation bank.
c. Except as provided in subd. 1. d., if credits are not available to be purchased 20
as provided under subd. 1. b., credits may be purchased from a mitigation bank in 21
the same basin as the wetland impacted by the discharge.
d. If credits are not available to be purchased as provided under subd. 1. c., 23
credits may be purchased from a mitigation bank anywhere in this state.
281.36 (3r) (am) of the statutes is amended to read:
(am) For a discharge that is exempt from permitting requirements 2
under sub. (4n) (b) or (c), any off-site mitigation, including any mitigation conducted 3
by a mitigation bank or under the in lieu fee subprogram, shall be completed within 4
the same compensation search area, as defined by the department by rule,
as the 5
281.36 (3t) (g) of the statutes is created to read:
(g) Financial assurance requirements for the construction of 8
mitigation projects by mitigation banks.
281.36 (3w) of the statutes is created to read:
281.36 (3w) Release of credits.
(a) In this subsection:
1. “Applicant” means the applicant for a wetland individual permit for which 12
wetland mitigation is required under sub. (3n) (d) or the proponent of a wetland 13
mitigation project required under sub. (3n) (d).
2. “Bank document" means a document that contains specifications pertaining 15
to the establishment, operation, and maintenance of a mitigation bank and any other 16
items required by the department by rule.
3. “Bank sponsor" means any public or private entity financially responsible 18
for establishing or operating a mitigation bank.
4. “Compensation site plan" means a comprehensive document prepared by an 20
applicant or bank sponsor that provides a thorough description of a proposed wetland 21
5. “Developing mitigation bank” means a mitigation bank that has not 23
completed its mitigation project and that has not yet been established under an 24
agreement between the bank sponsor and the department or otherwise approved by 25
6. “Estimated credits” means the total number of credits that a developing 2
mitigation bank estimates it will have once its mitigation project is constructed.
(b) A developing mitigation bank may sell its estimated credits under the 4
mitigation program under sub. (3r) only if the mitigation bank has met the financial 5
assurance requirements established by the department under sub. (3t) (g) and only 6
in accordance with the following schedule:
1. No more than 20 percent of the estimated credits after the department 8
approves and executes the bank document.
2. No more than 65 percent of the estimated credits after the department issues 10
a letter of compliance stating that construction and all corrective actions are 11
3. No more than 85 percent of the estimated credits after the department 13
approves a monitoring report for the mitigation bank or after 2 years have passed 14
after construction of the mitigation project is completed, whichever is later.
4. One hundred percent of the estimated credits after the department approves 16
the final monitoring report for the mitigation bank and determines that all 17
performance standards identified in the compensation site plan are met.
(c) After the department approves and executes a mitigation bank document 19
establishing the specifications for a developing mitigation bank, the sponsor of the 20
bank may not change the mitigation bank document without the approval of the 21
department. After the sponsor of a developing mitigation bank submits to the 22
department a proposed change to the mitigation bank document for review, the 23
mitigation bank may not sell any estimated credits under par. (b) until all of the 24
1. The department approves the change to the mitigation bank document.
2. The mitigation bank sponsor and the department adjust the estimated 2
credits and make any necessary adjustments to the credit release schedule under 3
par. (b), if the department believes these adjustments are necessary based on the 4
change to the mitigation bank document.
Using the procedure under s. 227.24, the department of natural resources 7
may promulgate the rules necessary to implement s. 281.36 (3t) (g) as emergency 8
rules. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department of natural 9
resources is not required to provide evidence that promulgating a rule under this 10
subsection as an emergency rule is necessary for the preservation of the public peace, 11
health, safety, or welfare and is not required to provide a finding of emergency for a 12
rule promulgated under this subsection.
(2) Notwithstanding s. 227.135 (2), the department of natural resources is not 14
required to present the statement of scope of the rules necessary to implement s. 15
281.36 (3t) (g) to the department of administration for review by the department of 16
administration and approval by the governor. Notwithstanding s. 227.135 (2), the 17
department of natural resources is not required to present the statement of scope, 18
as provided in s. 227.135 (2), to the natural resources board for approval.
This act takes effect on the 90th day after the day of publication.