SB488,142,4 (b) Any significant adverse impacts to functional values and water quality that remain are offset through a compensation or mitigation program under sub. (8).

SB488,142,7 (8) Compensation and mitigation program. (a) Contents. A compensation and mitigation program to offset significant adverse impacts to functional values and water quality of wetlands shall contain all of the following:

SB488,142,11 1. Proposed projects for compensation or mitigation and a schedule for implementing the projects. The projects may include riparian restoration projects. These projects may be performed by a person other than the applicant, subject to the department's approval of the projects and schedule.

SB488,142,13 2. If the program is applicable to a federal wetland, all federal compensatory mitigation requirements associated with the federal wetland application.

SB488,142,18 (b) Option of applicant. An applicant submitting a program under par. (a) may submit proposals for compensation or mitigation or any combination thereof. In preparing the program, the applicant shall identify and consider compensation and mitigation that could be conducted within the same watershed in which the mining site is located.

SB488,142,22 (c) Ratios for mitigation. The amount of mitigation required may not exceed 1.5 acres of mitigation for each acre of adversely impacted wetland. For purpose of credits in a mitigation bank, each acre that is subject to mitigation shall count as at least one credit.

SB488,143,3 (d) Sequence. If it is not practicable or ecologically preferable to conduct compensation or mitigation at an on-site location or if there is no on-site location that will provide sufficient wetland acreage, the department shall allow the applicant to conduct compensation or mitigation at a site other than an on-site location. Compensation or mitigation shall be accomplished through the following options:

SB488,143,7 1. Implementation of a project for compensation or mitigation. Projects for compensation at a site other than an on-site location may include projects to protect upland groundwater recharge areas, shoreline stabilization projects, and riparian restoration projects.

SB488,143,9 2. Purchase of credits from a mitigation bank for a site in a mitigation bank that is located anywhere in the state.

SB488,143,13 3. Purchase of mitigation credits from a mitigation bank established prior to February 1, 2002, if the department determines that the bank sponsor is in compliance with any applicable memorandum of understanding between the bank sponsor and the department.

SB488,143,16 (9) Mining permit. Any water quality certification issued by the department, including all of the conditions imposed as part of the certification, shall be included in the mining permit.

SB488,144,2 (10) Conservation easements. (a) A person who is the holder of a water quality certification that authorizes mitigation to be implemented by the holder of the certification at an on-site location shall grant a conservation easement under s. 700.40 to the department to ensure that the wetland that is subject to the mitigation will not be destroyed or substantially degraded by any subsequent proprietor of or holder of interest in the property on which the wetland is located. The department shall suspend the mining permit if the holder of the permit fails to grant the easement within the time limit set forth in the mining permit. If the holder subsequently grants the conservation easement to the department, the department shall reinstate the mining permit.

SB488,144,4 (b) Notwithstanding par. (a), the department shall modify or release a conservation easement granted under par. (a) if all of the following apply:

SB488,144,6 1. The department determines that part or all of the wetland subject to the mitigation ceases to be a wetland.

SB488,144,8 2. The person who is required to grant the conservation easement did not contribute to the loss of the wetland as specified in subd. 1.

SB488,144,11 3. Any subsequent proprietor of or holder of interest in the property on which the wetland specified in subd. 1. is located did not contribute to the loss of the wetland.

SB488,144,15 (11) Exemptions. (a) Artificial wetlands. All of the following artificial wetlands that are associated with a mining operation are exempt from the water quality certification provisions and compensation and mitigation provisions under this section and under any other statute or rule relating to impacts on wetlands:

SB488,144,18 1. An artificial wetland that is a sedimentation or stormwater detention basin or associated conveyance feature operated and maintained only for sediment detention and flood storage purposes.

SB488,144,20 2. An artificial wetland that is an active sewage lagoon, cooling pond, waste disposal pit, fish rearing pond, or landscape pond.

SB488,144,22 3. An artificial wetland that is actively maintained farm drainage and roadside ditches.

SB488,144,23 4. An artificial wetland as part of an active mining operation.

SB488,145,3 (c) Other exempted activities. For nonfederal wetlands, all of the following activities that are associated with a mining operation or bulk sampling are exempt from the water quality provisions and compensation and mitigation provisions under this section and any other law relating to impact on wetlands if the applicant minimizes any adverse effect on the environment as a result of the activities:

SB488,145,5 1. Maintenance, emergency repair, or reconstruction of damaged parts of structures that are in use in a wetland.

SB488,145,6 2. Construction or maintenance of irrigation or drainage ditches.

SB488,145,9 3. Construction or maintenance of farm roads, forest roads, or temporary mining roads that is performed in accordance with best management practices, as determined by the department.

SB488,145,11 (12) Relationship to other laws. None of the following apply to a mining operation or bulk sampling:

SB488,145,13 (a) Sections 281.36 and 281.37, except as otherwise specifically provided in this section.

SB488,145,16 (b) Any rule promulgated by the department relating to wetlands that conflicts with this section, except that no rule promulgated by the department under s. 281.36 or 281.37 applies to a mining operation or bulk sampling.

SB488,145,19 295.605 Impacts to navigable waters. (1) Definition. In this section, "navigable water activity" means an activity for which a permit or contract is required under s. 30.12, 30.123, 30.19, 30.195, or 30.20.