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