New In-Lieu Fee Compensatory Mitigation Option

Property owners seeking to obtain wetland permits now have three options to mitigate unavoidable adverse impacts to wetlands. The Wisconsin Department of Natural Resources (WDNR) recently announced the creation of the Wisconsin Wetland Conservation Trust (WWCT), an in-lieu fee program that allows permittees to purchase credits from the WDNR in exchange for the WDNR satisfying third-party compensatory mitigation requirements for state and federal wetland permits.

Background

In Wisconsin, there are two types of wetland permits: general and individual. General permits apply to preapproved activities that meet specific criteria. Individual permits apply to activities where no exemption or general permit is available and require some form of wetland mitigation. The WWCT program applies to Wisconsin individual permits and federal wetland permits under section 404 of the Clean Water Act and section 10 of the Rivers and Harbors Act.