Wisconsin § 281.36 - Permits for discharges into wetlands; mitigation.

§ 281.36. Permits for discharges into wetlands; mitigation.

281.36(1) (1) Definitions. In this section: 281.36(1)(a) (a) “Additional federal law or interpretation” means any of the following: 281.36(1)(a)1. 1. An amendment to 33 USC 1344 (f) that becomes effective after January 9, 2001. 281.36(1)(a)2. 2. Any other federal statutory provision that affects the exemptions under 33 USC 1344 (f) and that becomes effective after January 9, 2001. 281.36(1)(a)3. 3. A regulation, rule, memorandum of agreement, guidance letter, interpretive document, or other provision established by a federal agency that is promulgated or adopted pursuant to 33 USC 1344 (f) or that is used to interpret or implement 33 USC 1344 (f), that applies to wetlands located in this state, and that becomes effective after January 9, 2001. 281.36(1)(a)4. 4. A decision issued by a federal district or federal appellate court that affects the application of a federal amendment or provision described in subds. 1. to 3. , that applies to wetlands located in this state, and that is issued after January 9, 2001. 281.36(1)(ad) (ad) “Bank service area” means the geographic area corresponding to the HUC 6 within which impacts to a wetland from a discharge can be mitigated at a specific mitigation bank as determined in an agreement between the department and the U.S. army corps of engineers and referenced in a mitigation banking instrument under sub. (3w) . 281.36(1)(ae) (ae) “Basin” means the Lake Michigan, Lake Superior, or Mississippi River basin. 281.36(1)(am) (am) “Demonstrable economic public benefit” means an economic benefit to the community or region that is measurable, such as increased access to natural resources, local spending by the proposed project, employment, or community investment. 281.36(1)(b) (b) “Existing federal law or interpretation” means any of the following: 281.36(1)(b)1. 1. 33 USC 1344 (f), as amended to January 8, 2001. 281.36(1)(b)2. 2. A regulation, rule, memorandum of agreement, guidance letter, interpretive document, or other provision established by a federal agency that is promulgated or adopted pursuant to 33 USC 1344 (f) or that is used to interpret or implement 33 USC 1344 (f), that applies to wetlands located in this state, and that is in effect on January 8, 2001. 281.36(1)(b)3. 3. A decision issued by a federal district or federal appellate court that affects the application of a federal statute or provision described in subd. 1. or 2. , that applies to wetlands located in this state, and that is issued on or before January 8, 2001. 281.36(1)(bd) (bd) “Fill material” has the meaning given in 33 CFR 323.2 (e) , as the meaning exists on July 1, 2012. 281.36(1)(bf) (bf) “HUC 6” means a watershed delineated by the U.S. geological survey using a nationwide system based on surface hydrologic features at the 6-digit basin scale (the hydrologic unit code 6). 281.36(1)(bg) (bg) “HUC 8” means a watershed delineated by the U.S. geological survey using a nationwide system based on surface hydrologic features at the 8-digit subbasin scale (the hydrologic unit code 8). 281.36(1)(bj) (bj) “Mitigation” means the restoration, enhancement, creation, or preservation of wetlands to compensate for adverse impacts to other wetlands. 281.36(1)(bL) (bL) “Mitigation bank” means a system of accounting for wetland loss and compensation that includes one or more sites where wetlands are restored, enhanced, created, or preserved to provide credits to be subsequently applied or purchased in order to compensate for adverse impacts to other wetlands. 281.36(1)(bn) (bn) “Mitigation project” means mitigation of the type specified in sub. (3r) (a) 3. 281.36(1)(br) (br) “Nonfederal wetland” means a wetland that is not subject to federal jurisdiction under 33 USC 1344 . 281.36(1)(cp) (cp) “Practicable” means reasonably available and capable of being implemented after taking into consideration cost, site availability, available technology, logistics, and proximity to the proposed project site, in light of the overall purpose and scope of the project. 281.36(1)(ct) (ct) “Small business” has the meaning given in s. 227.114 (1) . 281.36(1)(d) (d) “Water quality standards” means water quality standards set under rules promulgated by the department under s.