3.11.210 Criteria for Approving Proposals for Wetland Mitigation

If the Bad River Natural Resources Department, the Bad River Tribal Council, or the Wetlands Ordinance Administrator determines that it is practical to replace the protected wetlands which will be affected, mitigation plans shall be approved only if all of the following criteria are met:

(a) That the mitigation plan provides for the substantial replacement of the predominant functions of the protected wetland to be lost;

(b) That the mitigation plan provides for no net loss of protected wetland resources and watercourses (for purposes of this sub-Paragraph buffer area shall not be considered protected wetland) unless the Bad River Natural Resources Department or the Wetlands Ordinance Administrator determines that the net loss will result in a minimum negative effect upon protected wetlands, watercourses, and attendant natural resources under all of the circumstances;

(c) That the mitigation plan has been coordinated with requirements of federal, state, and local agencies, if applicable; and

(d) That a plan to monitor preserved and replacement wetlands has been specified with the goals, objectives, and performance standards to compensate, rectify, or reduce the effects for the loss of functional value to the impacted wetland. The Bad River Natural Resources Department and the Wetlands Ordinance Administrator may accept or recommend an alternative proposal.

Such proposal may involve a monetary compensation fee as provided for in this ordinance for the creation or restoration of an "out of kind" and "off site" high quality wetland mitigation banking strategy. In the case of tribally designated projects located within the development corridor, mitigation by preservation will be an option at select preservation sites within the Bad River Tribe's Integrated Resource Management Plan conservation and restoration areas or other areas that would contribute to protection of the aquatic environment based on a holistic watershed approach.