Wetlands_Content Page_Regulating wetland impacts

Wetland Permitting: Identification, Delineation, Exemptions, and Permit Options

Wetlands in Wisconsin are regulated by the DNR under s. 281.36, Wis. Stats., and ch. NR 103, Wis. Adm. Code. Landowners and developers are required to avoid wetlands with their projects to the extent practicable. For projects that cannot avoid wetlands and involve the placement of material or excavation in wetlands, authorizations through exemptions or permits may be required and wetland impacts must be minimized. 

Which Activities Typically Require a DNR Wetland Permit?

  • Filling - Placing dredged or fill materials into a wetland (e.g., soil, concrete, gravel, etc.).
  • Excavating - Removing material from a wetland.
  • Drainage Projects - Excavation or grading in a wetland as part of a drain tile or drainage ditch project.
  • Grading - Conducting earthwork to change the grade or contours of the land.
  • Mechanized Land Clearing - Clearing shrubs or trees from wetlands by bulldozing or grubbing and removing the root structures.
  • Other Activities - Placing structures, including but not limited to utility infrastructure, timber mats, sheds, soil or spoil piles, in a wetland resulting in temporary impacts.

Do I Have Wetlands on My Property?

Are there wetlands on a property I am interested in purchasing? What is the buildable area?

DNR staff use the wetland mapping on the DNR Surface Water Data Viewer to screen for wetlands. To screen for wetlands on a property for sale, use the tutorial linked below.

DNR typically recommends not planning to build on areas that are mapped wetlands or regulatory floodplain, as these areas can be challenging to develop and authorize under the regulations.  

If these maps do not show wetlands or wetland indicators on the property, there may still be wetlands present. On-site or photo clues can include wet areas, cattails, etc. 

For those making an offer on a property, the Wetlands Real Estate Addendum can be included in a purchase offer to verify the presence of wetlands during the purchase negotiations, reducing risk to buyers.

How do I find out if my property has wetlands for future planning purposes?

DNR uses the wetland mapping on the DNR Surface Water Data Viewer to screen for wetlands. To screen for wetlands on a property for sale, use the link below.

DNR typically recommends not planning to build on areas that are mapped wetlands or regulatory floodplain, as these areas can be challenging to develop and authorize under the regulations.

If the maps do not show wetlands or wetland indicators on the property, there may still be wetlands present. On site or photo clues can include wet areas, cattails, etc.

For certainty in avoiding wetlands for future project planning, you can request the DNR Wetland Identification Service to obtain a presence/absence statement and an approximate wetland boundary. This service can help landowners avoid wetlands entirely with a project. 

If you believe your project cannot avoid wetlands and may need a permit, you can also consult a professional wetland delineator to determine exact wetland boundaries, which is a typical requirement in any DNR wetland permit application or exemption request.

If you are planning a project on land with wetlands, a DNR wetland permit may be required.

I'm interested in avoiding wetlands with my project and avoiding permits, can I use the DNR wetland identification service?

If there are mapped wetlands or wetland indicators on your property, but areas on the site that are appropriate for your project, the DNR wetland identification service may be a good option. For this service, DNR staff complete a basic wetland survey on site to provide a presence/absence boundary, which can help you avoid wetlands entirely with your project design:

Used For: Project planning and wetland presence/absence.

Not Suited For: Projects that have wetland setback requirements or that are located very close to a wetland. These likely require a full wetland delineation for permitting purposes.

Includes:

  • An on-site inspection by DNR Wetland ID staff to determine if wetlands exist.
  • A survey of up to 5 acres for a fee of $300 per acre.
  • A presence/absence determination and/or an approximate wetland boundary location.
  • A response in 60 days or less.

How do I request the DNR wetland identification service?

  1. Go to the DNR Water ePermitting system. A WAMS ID is required for login.
  2. Click on "Wetland Identification" on the left side menu.
  3. Select "Wetland Identification Requests" in the wetland ID activity box.
  4. Pay the fee of $300 per acre, up to 5 acres.
  5. Complete and submit the request.

What is a wetland delineation and when do I need to have one?

A wetland delineation is a precise wetland boundary survey that meets federal and state regulations and must be completed by a wetland professional according to U.S. Army Corps of Engineers requirements.

Required For: All development projects that may result in impacts to wetlands, including general permit submittals and individual permit submittals, and is strongly recommended for artificial and nonfederal exemption notifications.

Includes: A precise wetland boundary survey that meets federal and state regulations.

How do I get a wetland delineation?

DNR does not complete wetland delineations but does confirm their accuracy. Projects requiring a permit or an artificial or nonfederal exemption request will typically require a wetland delineation with the application. DNR reviews and confirms wetland delineations through the delineation confirmation service. Delineations submitted by assured delineators do not need a confirmation review. 

Many planning, engineering, and environmental services consultants offer wetland delineation services in Wisconsin. Consider contacting several consultants to compare their rates and services. In addition to those questions, ask them questions to assess their credentials, the quality of their work, and their past track record in getting permits approved. Typically, there are several options for hiring delineators in each region.

Note that wetland delineations must be completed during the growing season, which is specific to each site based on soil temperature and vegetation growth, but typically April-October for most of Wisconsin. 

When do I need a wetland delineation confirmation?

The DNR wetland delineation confirmation service is required for delineations that are completed by someone who is not an assured delineator. The confirmation process includes:

  • an on-site property inspection during the growing season to confirm delineation accuracy.
  • a survey of any size parcel, for $300 per 20 acres of land reviewed.
  • a written statement of confirmation.
  • a response in 60 days or less.

Wetland delineations for nonfederal wetlands may be eligible for a nonfederal confirmation that is typically valid for 15 years. A jurisdictional determination is required from the U.S. Army Corps of Engineers before submitting a nonfederal confirmation request. Assured delineations require a nonfederal confirmation determination through the DNR in order to be valid for 15 years.

How do I request a wetland delineation confirmation?

  • Go to the DNR Water ePermitting system. A WAMS ID is required for login.
  • Click on "Wetland Identification" on the left side menu.
  • Select "Wetland Delineation Confirmation Requests" in the wetland ID activity box.
  • Pay the fee of $300 per 20 acres of land reviewed.
  • Complete and submit the request.

*See Non-Growing Season Determinations [PDF] for service requests outside of the growing season.

What Are My Wetland Permitting Options?

Wetland Exemptions

Projects impacting wetlands that meet all of the criteria for one of the following exemptions do not need a DNR wetland permit. Note that to qualify for the artificial or nonfederal wetland exemption, you must submit a wetland delineation and a notification package to the DNR at least 15 days prior to starting your project. 

Agricultural Exemption

The DNR closely follows the US Army Corps of Engineers with exemptions from permitting for several agricultural activities, including:

  • Normal farming, silviculture, or ranching activities
  • Normal aquaculture activities in an area without prior wetland history
  • Structure maintenance, repair, or emergency replacement for an agricultural purpose
  • Construction or maintenance of farm ponds, stock ponds, or irrigation ditches
  • Drainage ditch maintenance
  • Construction or maintenance of farm roads, fish farm roads, or temporary mining roads, in accordance with DNR best management practices
  • Operation, maintenance, or abandonment of a sedimentation or stormwater detention basin and conveyance features that were not constructed in wetlands

See s. 281.36 (4), Wis. Stats., for the statutory language for this exemption. 

Are drain tile activities exempt from DNR wetland permits?

Drain tile activities that include grading, excavating, backfilling, or mechanized land clearing typically require DNR permits while other common drain tile repair and replacement activities, and laying new tile lines by vibratory plow and knifing typically do not require DNR permits.

See Drain Tile Rules and Regulations for more information about drain tile activities in wetlands.

Artificial Exemption

The artificial wetland exemption requires evidence of two wetland characteristics for eligibility:

  • Hydrophytic vegetation may be present in the wetland as a result of human modification to the landscape or hydrology at any time.
  • The wetland lacks definitive evidence of a wetland or stream history prior to August 1, 1991.

Wetland or stream history may be determined by maps, aerial photos, surveys, or wetland delineations. Artificial exemption requests must provide such evidence to show that the area lacks wetland or stream history. 

Artificial wetlands that serve as fish spawning areas or that are passage to a fish spawning area, or that were created for wetland mitigation purposes cannot be exempted from state wetland regulations.

Use the Artificial Wetland Exemption Checklist to determine if your project is eligible for the exemption.

Read Artificial Wetland Exemption Guidance to learn more about eligibility requirements, permitting options, and the notification process.

See s. 281.36 (4n)(d), Wis. Stats., for the statutory language for this exemption. 

Nonfederal Exemption

Your project may be eligible for the nonfederal exemption in these circumstances when a proposed discharge into a wetland is not subject to federal jurisdiction:

  1. URBAN - if the discharge does not affect more than 1 acre of wetland per parcel, does not affect a rare and high-quality wetland, and the project is in compliance with applicable stormwater zoning and permits.
  2. RURAL - if the discharge does not affect more than 3 acres of wetland per parcel, does not affect a rare and high-quality wetland, and the project purpose is for a structure, such as a building, driveway or road, with an agricultural purpose.

*Note that wetland mitigation is required for nonfederal exemption activities that affect between 10,000 sq. ft. and 1 acre of wetlands in an urban area, and between 1.5 acres and 3 acres of wetlands in a rural area.

The U.S. Army Corps of Engineers (USACE) is the only government entity that can make a jurisdictional determination for nonfederal wetland exemption purposes. DNR must have evidence that USACE does not have jurisdiction over the wetland to process a nonfederal exemption request. If a USACE determination will take too long for your project timeline, DNR advises to contact a wetland field staff to discuss preferred options, and potentially applying for the appropriate general permit or an individual permit. 

Use the Nonfederal Wetland Exemption Checklist to determine if your project is eligible for the exemption.

Read Nonfederal Wetland Exemption Guidance to learn more about eligibility requirements, permitting options, and the notification process.

The Nonfederal Wetland Exemption Guidance Supplement - Wetland Communities Key should be used to identify rare and high-quality wetlands in Wisconsin for this exemption.

See s. 281.36 (4n)(b) and (c), Wis. Stats., for the statutory language for this exemption. 

How do I submit an artificial or nonfederal wetland exemption request?

For nonfederal and artificial wetland exemptions, project proponents are required to submit exemption notifications to DNR at least 15 days before completing a project to confirm eligibility.

  1. The applicant uses the DNR Water ePermitting System to submit a wetland exemption notification request.
    • Select "Wetland Identification" from the menu on the left side.
    • Select "Wetland Exemption Request" for the Wetland ID Activity bar.
    • Provide all required information and attachments and pay the appropriate fee.
  2. The DNR notifies the applicant if any items are missing that must be submitted.
  3. After 15 days, the DNR approves the request if the application meets all of the relevant eligibility criteria.

Wetland General Permits

Wetland General Permits have been created to streamline the regulatory process for projects with minimal adverse environmental impacts. General permits authorize wetland impacts up to 10,000 square feet, are not available for projects that impact certain rare and high-quality wetland types and involve a 30-day review timeline. To receive authorization, a project must meet all eligibility criteria in the general permit checklist, and the applicant must submit all required application items.

How do I apply for a statewide general permit?

  1. The applicant uses the DNR Water ePermitting System to submit a general permit application.
    • Select "Waterway and Wetlands" from the menu on the left side.
    • Select "Start General Permit".
    • Select the appropriate general permit type for your project.
    • Provide all required information and attachments and pay the appropriate permit fee.
  2. The DNR notifies the applicant if any items are missing that must be submitted.
  3. After 30 days, the DNR grants the permit if the application meets all eligibility criteria in the general permit checklist and avoids and minimizes wetlands to the greatest extent practicable.
  4. The DNR may require the applicant to apply for an individual permit if the general permit conditions are insufficient to ensure that the project will cause only minimal adverse environmental impacts.

What is required in a statewide general permit application?

The following items are standard requirements for any wetland general permit application:

  • Proof of land ownership.
  • Project plans and specs that show delineated wetlands, all proposed roads, structures, excavation, etc., and areas of wetlands that will be impacted.
  • A wetland delineation completed by an assured delineator or concurred with by DNR staff.
  • Top, side, and cross section plan profiles.
  • Detailed narrative showing why wetlands cannot be avoided with the project, practicable alternatives that were considered, and how the wetland impacts are minimized by the design. 
  • Construction schedule and sequence.
  • Project site maps including soils, wetlands, topography, floodplain, and aerial photos.
  • Current photographs of the project areas.

Statewide General Permits for Development Projects

Statewide General Permits for Conservation and Habitat Projects

Wetland Conservation Activities under GP24:

The activities listed below may be eligible for coverage under GP24 if your restoration must be designed according to NRCS Wisconsin field office conservation practice standards and placed in wetland communities dominated by agricultural crops, non-native invasive species, or a similarly degraded wetland community type.

  • Drain tile alteration or removal or adding a water control structure in the existing tile line.
  • Disabling artificial surface drains with ditch fills or ditch plugs.
  • Constructing dams or water control structures that include dikes, embankments and low berms.
  • Altering hydrology by removing pumps, breaching structures, or re-routing artificial drainage features.
  • Remove soil and vegetation or post European settlement deposition that has accumulated over historic wetland soils.
  • Introducing native plants and managing existing exotic or invasive plant species.
  • Installing and maintaining monitoring devices such as gauges and water level recording devices.

NRCS Wisconsin Field Office Conservation Practice Standards Documents:

Other Resources for NRCS, FWS, and DNR sponsored projects:

Permits for City of Superior Special Area Management Plan

This general permit only applies to wetlands in the City of Superior and pre-approved as eligible under the SAMP by the City of Superior, the U.S. Army Corps of Engineers, and the DNR.

Applicants proposing to impact wetlands under this permit should contact the City of Superior Environmental Regulatory Coordinator and ask if a permit is required under the Superior Special Area Management Plan. Permits are submitted directly to the City for review. 

Wetland Individual Permits

For projects that do not meet the eligibility standards for an exemption or a general permit, individual permits are available. Individual permits require a pre-application meeting with a DNR wetland field staff, a practicable alternatives analysis, and wetland compensatory mitigation. 

How do I apply for a wetland individual permit?

  1. Attend a pre-application meeting with a DNR Water Management Specialist.
  2. The applicant uses the DNR Water ePermitting System to submit an individual permit application.
    1. Select "Waterway and Wetlands" from the menu on the left side.
    2. Select "Start Individual Permit".
    3. Select the appropriate permit type for your project.
    4. Provide all required information and attachments and pay the appropriate permit fee.
  3. The DNR has 30 days to review the application for completeness and notify the applicant. The DNR can request additional information one time within these 30 days, which would pause the 30-day period until all information requested is received.
  4. The DNR has 45 days to provide a public comment period.
  5. If requested by the public or by the DNR, the DNR has 30 days to provide a public hearing.
  6. The DNR has 30 days from the end of the public comment period to communicate a decision to the applicant about the permit application.

Timeline Notes: Individual permits require a 30–day comment period during which the public is notified by the department website and a newspaper notice. During the comment period, an informational hearing may be requested. A permit is granted for projects when the DNR concludes that no significant adverse impacts to wetlands will occur. DNR staff routinely advise applicants on project modifications to reduce impacts and gain approval. Permit decisions are subject to appeal within 30 days of the decision.

How do I schedule a wetland IP pre-application meeting?

To schedule a pre-app meeting, contact a DNR Water Management Specialist and have the information in the pre-application meeting form ready to share:

How do I complete the practicable alternatives analysis?

Wetland individual permits require an alternatives analysis that thoroughly demonstrates the applicant evaluated off-site alternatives for the project, on-site design and layout options to avoid wetland areas, and on-site options to minimize wetland impacts to the greatest extent practicable. Applicants are encouraged to provide as much detail as possible regarding the need to impact wetlands with the project based on financial, logistical, engineering, construction design, site availability, infrastructure availability, local regulations, and other environmental considerations to meet the practicable alternatives analysis requirement. See the guidance below for further information. 

Wetland Mitigation

Wetland mitigation is required for some projects to offset unavoidable wetland impacts. Mitigation is typically achieved through the purchase of credits from a private wetland mitigation bank or from the DNR ILF Program. 

When is wetland mitigation required?

Individual permit applications - Wetland mitigation is required for all wetland impacts authorized in an individual permit. 

Nonfederal exemption requests - Wetland mitigation is required for nonfederal exemption activities that affect between 10,000 sq. ft. and 1 acre of wetlands in an urban area, and between 1.5 acres and 3 acres of wetlands in a rural area.

What are my wetland mitigation options?

  • Wetland Mitigation Bank Credits
    A project proponent can purchase credits from an approved and open mitigation bank. The DNR and USACE will typically require this option when mitigation bank credits are available in the same service area as the project. 
  • DNR In–Lieu Fee Credits
    A project proponent can purchase credits from the DNR Wisconsin Wetland Conservation Trust (WWCT). The DNR and USACE will typically require this option when mitigation bank credits are not available in the same service area as the project. 
  • Permittee Responsible Mitigation
    A project proponent may be able to meet mitigation requirements by completing a mitigation project in the same watershed service area or within a half mile of the permitted wetland impact. This option is always available to project proponents but can be very challenging in terms of finding a large enough site with wetland mitigation potential, timelines, logistics, cost, easement requirements, and other factors. 

What type of mitigation credits and how many do I need?

If mitigation bank credits are available in the same service area (watershed) where the impacts will occur, the DNR and USACE will direct you to purchase mitigation bank credits from the appropriate mitigation banks. If no mitigation bank credits are available, the DNR and USACE will direct you to purchase ILF credits. If no credits are available in the service area, mitigation bank credits of ILF credits from a different service area may be considered.

For permanent wetland fill, mitigation bank credits are typically required at a ratio of 1.2 credits and ILF credits are required at a ratio of 1.45 credits per acre. For temporary wetlands impacts, the ratios may be different and will be determined by the DNR and USACE. 

How much do mitigation credits cost?

Mitigation bank and ILF credits typically cost at least $75,000 per credit but may be more or less depending on the service area. DNR does not have available prices for private mitigation bank credits.  

See Wetland Compensatory Mitigation for more information about mitigation options and available credits. 

If I purchase mitigation credits, do I automatically receive individual permit approval?

No, wetland mitigation does not entitle an applicant to a wetland individual permit. Applicants must first avoid adverse wetland impacts and minimize impacts on wetland functional values, water quality, and overall environmental impacts by evaluating less environmentally damaging practicable alternatives. Showing that the proposed project avoids and minimizes wetland impacts to the extent practicable given alternative sites, upland areas on-site, and project design is critical to meeting the individual permit review requirements in s. 281.36(3n), Wis. Stats.

Other Permits May Be Required

USACE Wetland Permit: To determine if a federal permit is required for your project, contact the U.S. Army Corps of Engineers – St. Paul District Office. Permit applications submitted to the DNR are reviewed by a USACE St. Paul District project manager. A USACE checklist will be required with the application as a screening tool. The federal wetland permitting process is a separate process.

Water Quality Certification: For some waterway projects, a water quality certification (WQC) may be required from DNR as the certifying authority under the Clean Water Act Section 401. WQC requests will be considered complete through a wetland permit application and the DNR Waterways Program typically reviews WQC requests in parallel with permit review. See WQC Request Completeness Elements for the full list of requirements.

Stormwater Notice of Intent (NOI): State law requires a landowner with a project site that is 1 acre or larger to obtain a construction site stormwater permit. Visit the DNR Stormwater Runoff Permitting page to submit a notice of intent.

Floodplain and Shoreland Zoning Authorization: If your project is in a regulatory floodplain or in a shoreland-wetland, local or county zoning regulations may apply. Please contact your city or county zoning authority.

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