Understanding the Wetland Permit Process

Though wetland laws grant state and federal agencies the final authority to approve or deny projects with wetland impacts, as the first point of contact for most development proposals local governments play a critical role in determining what projects advance for regulatory review. Local land use decision makers can help community supported projects get built more quickly, with less state and federal intervention, by steering landowners away from projects that require wetland permits. To do so, you will need to understand the following permit basics:

>> What wetlands are regulated?
>> What activities are regulated?
>> When are wetland permits approved or denied?
>> Does shoreland-wetland zoning adequately protect wetlands?
>> Do constructed (mitigated) wetlands adequately replace filled wetlands?
>> Is it true that any wetland can be filled as long as one is restored nearby?
>> Federal and state regulatory contact information


What wetlands are regulated? Wisconsin law requires authorization by the Wisconsin Department of Natural Resources (WDNR) for all wetland fill activities, regardless of wetland size or location. Federal law requires permits from the U.S. Army Corps of Engineers (Corps) for construction activities in wetlands adjacent or hydrologically connected to lakes, rivers, and streams.
Materials classified as wetland "fill."
Photos by Kyle Magyera


What activities are regulated? Permits are required for the discharge of "dredged or fill" material into a wetland, and for major wetland disturbance, such as a pipeline or sewer construction. Fill includes materials such as asphalt, concrete, soil, sand, gravel, and even wood chips.

When are wetland permits approved or denied? Under both state and federal law, permits may only be granted for unavoidable wetland impacts that will not cause a significant adverse impact to wetland functions. Permit staff rely on the following information in their review:

a. A wetland delineation report to confirm the presence and boundaries of wetlands, and a functional assessment to describe and rate the wetland quality and natural functions. To be accepted, these reports must be completed by a qualified wetland consultant using procedures specified in state and federal rules.

b. An alternatives analysis describing how the developer designed the project to first avoid, and then minimize wetland impacts. Alternate sites, smaller projects, and reconfigured site designs are all considered viable alternatives, even if the changes reduce profits. Agencies look for the least environmentally damaging practicable alternative to meet the basic project purpose.


Does shoreland-wetland zoning adequately protect wetlands? In short, no, but it does help landowners avoid mapped wetlands within the shoreland zone. Required by the state and administered by the counties, shoreland-wetland zoning sets minimum standards for permitted and prohibited uses in shoreland wetlands. However, shoreland-wetland zoning fails to provide effective local wetland protection in two ways: 1) not all wetlands in the shoreland zone appear on Wisconsin Wetland Inventory maps, and 2) many wetlands fall outside the shoreland zone. Some counties exceed the minimums by requiring setbacks to all wetlands within the shoreland zone or all wetlands regardless of location. Door County, for example, requires a 35-foot setback for all shoreland and inland wetlands.


Is it true that any wetland can be filled as long as one is restored nearby? Definitely not. The practice of restoring wetlands in one location to compensate for wetland destruction elsewhere (a practice known as wetland mitigation) is only accepted to compensate for unavoidable wetland impacts.


Do constructed (mitigated) wetlands adequately replace filled wetlands? Typically not. It’s rarely a fair trade to destroy wetlands in one location and restore them in another. Reasons why include:

  1. Wetland benefits are site-specific. When a wetland is filled, associated benefits such as water purification, flood retention, and wildlife habitat are lost from that site forever.
  2. What takes thousands of years to develop cannot be recreated in one or two years. Many constructed wetlands do not achieve the same degree of biological diversity and ecosystem functions found in natural wetlands. In some cases, the projects fail and no wetlands are established.
  3. Mitigation decreases the diversity of wetland community types. Many wetland types are difficult to recreate (e.g., wooded wetlands), so the restored wetlands are frequently a different type (e.g., marshes) than those destroyed. As a result, certain wetland types are lost in greater proportion than others.
  4. Mitigation often results in the destruction of wetlands and an increase in impervious surface in urban areas (where wetland functions may be needed most) and the construction or restoration of wetlands in rural areas (where wetlands and wetland function may already be plentiful).

For an in-depth analysis that discusses gaps in the effectiveness of the wetland mitigation program, click here for a report produced by the National Academy of Sciences (2001).


Permit Questions?
Each county has a WDNR Water Management Specialist and Corps District Engineer assigned for project review and questions. If you have a current or upcoming proposal with wetland impacts, you should involve the appropriate WDNR and Corps staff person early in the project design and planning process.

Wisconsin Department of Natural Resources Water Management Specialist contact information is available at:
dnr.wi.gov/waterways/about_us/county_contacts.html.

U.S. Army Corps of Engineers District Engineer contact information is available at:
www.mvp.usace.army.mil/regulatory/default.asp?pageid=691.

Additional information on the wetland permit process can be found on WWA's Protecting Wetlands webpages.




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