R 281.960 State priority wetland restoration areas.

Rule 10. (1) The department may, in cooperation with the department of natural resources, designate priority wetland restoration areas in large former wetland complexes which have been impacted by significant historic loss or degradation of wetlands and which have a high potential for successful wetland restoration. Areas so designated may include either public or private lands, but must have the potential to provide the public with vital wetland functions after ecologically sensitive restoration of wetland areas. (2) The department shall develop a management plan for each designated priority wetland restoration area and shall consider the concerns of the department of natural resources and the potential of the area to provide critical wetland for any of the following: (a) Habitat. (b) Wildlife and fish production. (c) Flood control. (d) Water quality protection. (e) Groundwater recharge. (f) Recreation. Management plans which impact lands administered by the department of natural resources are subject to their approval. (3) The department may enter into partnerships with other state agencies, local units of government, or private parties to promote the restoration and protection of wetlands within a priority wetland restoration area in accordance with the management plan. The department may provide funding or in-kind services to the partnership to support the management plan. (4) Any person may establish a wetland mitigation bank within a priority wetland restoration area. All of the general requirements that apply to mitigation banks apply to mitigation banks established in priority areas, except for the special provisions specified in subrules (5) and (6) of this rule. The department may assist in the establishment of a wetland mitigation bank by identifying state lands suitable for use in the bank or by providing technical assistance. (5) The department may establish a mitigation bank within a priority wetland restoration area if a mitigation bank is not established by other parties within 1 year after designation of the priority wetland restoration area or if existing banks do not provide adequate capacity or wetland functions. (6) A wetland mitigation bank established within a priority wetland restoration area may utilize any or all of the following incentives if approved by the department in the mitigation banking agreement: (a) Up to 15% of planned wetland credits may be used before the establishment of wetland conditions if the department has approved the site plan and signed the mitigation banking agreement, the bank sponsor has obtained all state and local permits and approvals required for construction of the mitigation bank, and the bank sponsor has provided adequate financial assurances to ensure the timely establishment of wetland functions. (b) The department may approve partial mitigation credit for uplands within the priority wetland restoration area mitigation bank that are vital to the successful functioning of wetlands in the mitigation bank. The condition of these uplands shall be protected under a conservation easement or equivalent instrument. The mitigation banking agreement shall specify the credit received for uplands based on the extent to which the uplands directly enhance or maintain the integrity of the aquatic ecosystem, but in no case shall more than 0.5 credits be authorized for each acre of upland. Not more than 10% of the total acreage for which mitigation credit is given in a mitigation bank shall be upland. (c) The department may approve mitigation credit for the preservation of certain existing wetlands which provide exceptional functions or which represent rare wetland types, such as lakeplain wet prairie. Not more than 25% of the wetland acreage approved in a priority wetland restoration area mitigation bank shall be for the preservation of existing wetlands. The incentives specified in this subrule do not apply to any other mitigation bank.