As used in this article, the following terms shall have the meanings indicated:
CUMULATIVE IMPACTS
Attributable to the proposed activity which may occur, based upon past or reasonably anticipated impacts on wetland functional values of similar activities in the affected area.
MITIGATION PROJECT
The restoration, enhancement or creation of wetlands to compensate for adverse impacts to other wetlands. "Mitigation project" includes using credits from a wetland mitigation bank.
PRACTICABLE ALTERATIVES
Available and capable of being implemented after taking into consideration cost, available technology and logistics in the light of overall project purposes.
WATER DEPENDENCY or WETLAND DEPENDENCY
The activity is of a nature that requires location in or adjacent to surface waters or wetlands to fulfill its basic purpose.
WETLAND MITIGATION BANK
A system of accounting for wetland loss and compensation that includes one or more sites where wetlands are restored, enhanced or created to provide transferable credits to be subsequently applied to compensate for adverse impacts to other wetlands.
The purpose of this article is to establish water quality standards to protect, preserve, restore, and enhance the quality of waters in wetlands and other waters of the Reservation influenced by wetlands. These standards are intended to protect tribal rights and interest, public health and welfare and the present and prospective uses of wetlands, including designated, existing, and other beneficial uses. Conditions necessary to protect water-quality-related functions and values of wetlands are set forth in this article. Wetland water quality standards serve as a basis for developing and implementing strategies to achieve the purposes of this chapter and also serve as a basis for decisions in regulatory, permitting, or planning activities that impact water quality and impact wetlands.
Natural hydrological and hydraulic conditions necessary to support the biological, chemical, and physical characteristics naturally present in wetlands, including wild rice beds, shall be maintained, preserved, restored, and protected to prevent significant adverse impacts to the wetlands. The following water-quality-related functional values or uses of wetlands shall be protected, within the range of natural variation:
A. 
Stormwater and floodwater storage and retention and the moderation of water level fluctuation;
B. 
Hydrologic functions, including the maintenance of dry season stream flow, the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area and the flow of groundwater through a wetland;
C. 
Filtration or storage of sediments, nutrients, or toxic substances that would otherwise adversely impact the quality of waters of the Reservation;
D. 
Shoreline protection against erosion through the dissipation of wave energy and water velocity and anchoring of sediments;
E. 
Habitat for aquatic organisms in the food chain/web, including but not limited to fish, crustaceans, mollusks, insects, annelids, planktonic organisms and the plants and animals upon which these aquatic organisms feed and depend upon for their needs in all life stages;
F. 
Habitat for resident and transient wildlife species, including mammals, birds, reptiles, and amphibians, for breeding, resting, nesting, escape cover, travel corridors and food; and
G. 
Recreational, cultural, educational, scientific and natural aesthetic values and other uses.
The following criteria shall be used to assure the maintenance or enhancement of the functional values identified above:
A. 
Liquids, fill or other solids or gas may not be present in amounts which may cause significant adverse impacts to wetlands;
B. 
Floating or submerged debris, oil, or other material may not be present in amounts which may interfere with tribal rights or interest or which may cause significant adverse impacts to wetlands;
C. 
Materials producing color, odor, taste or unsightliness may not be present in amounts which may cause significant adverse impacts to wetlands;
D. 
Concentrations or combinations of substances which are toxic or harmful to human, animal or plant life may not be present in amounts which individually or cumulatively may cause significant adverse impacts to wetlands;
E. 
Hydrological and hydraulic conditions necessary to support the biological and physical characteristics naturally present in wetlands shall be protected to prevent significant adverse impacts on:
(1) 
Water currents, erosion or sedimentation patterns;
(2) 
Water temperature variations;
(3) 
The chemical, nutrient and dissolved oxygen regime of the wetland;
(4) 
The movement of aquatic fauna;
(5) 
The pH of the wetland; and
(6) 
Water levels or elevations.
F. 
Existing habitats and populations of wetland animals and vegetation, especially wild rice, shall be maintained by:
(1) 
Protecting habitat through regulation of fluctuating water levels;
(2) 
Protecting food supplies for fish and wildlife;
(3) 
Protecting reproductive and nursery areas; and
(4) 
Preventing conditions conducive to the establishment or proliferation of nuisance organisms and exotic species.
A. 
Applicability. Activities subject to the requirements of this article include, but are not limited to, permits, reviews and approvals necessary for the Department to fulfill the requirements of water quality certification. This article shall apply to new or increased point source discharges to wetlands.
B. 
Metallic minerals. Wetland alterations that are directly caused by operations on a metallic mineral prospecting site or mining site shall be regulated pursuant to specific wetland standards.
C. 
Exemptions. This article does not apply to the following activities:
(1) 
Sedimentation and stormwater detention basins and associated conveyance features operated and maintained only for sediment detention and flood storage purposes.
(2) 
Active sewage lagoons, cooling ponds, waste disposal pits, fish rearing ponds and landscape ponds.
(3) 
Actively maintained farm drainage and roadside ditches.
(4) 
Artificial wetlands within active nonmetallic mining operations.
(5) 
Activities exempted from federal regulations. Examples include certain silvicultural and agricultural activities exempted under Section 404 of the Clean Water Act (33 U.S.C. § 1344).
A. 
The Department shall review all proposed activities subject to this article and shall determine whether the project proponent has shown, based on the factors in Subsections D and E, if the activities are in conformance with the provisions of this article. The Department shall, upon request, meet with a project proponent and other interested persons to make a preliminary assessment of the scope for an analysis of alternatives and the potential for compliance with this article.
(1) 
The Department shall review the application for completeness within 30 days of receipt of the application. The Department shall notify the applicant of any additional information reasonably necessary to review the application. An application may not be considered complete until the requirements of the National Environmental Policy Act have been met.
(2) 
The applicant shall submit, at any time during the review process, additional information which the Department finds to be reasonably necessary for review of the application.
(3) 
For all activities that meet the criteria listed in § 512-12 and that do not require authorization under other regulations or ordinances, the Department shall make a final decision on an application within 60 working days of receipt of a complete application from the project proponent.
(4) 
The limit of 60 working days does not apply if the Department determines that weather conditions prevent the Department from making a decision in that time frame.
B. 
The Department may rely upon wetland boundary determinations made by other agencies and consultants. If there is a dispute concerning a wetland boundary delineation, the review of the delineation shall be consistent with the procedures identified in the Corps of Engineers Wetlands Delineation Manual, 1987, as determined by the Department.
C. 
Wetland functional values and the impact of a proposed activity upon those functional values shall be determined using wetland ecological evaluation methods accepted by the Department and appropriate to the affected wetland. The Department shall consider available land use studies in its determinations.
D. 
To protect all present and prospective future uses of wetlands, the following factors shall be considered by the Department in making determinations under this section:
(1) 
Wetland dependency of the proposal.
(2) 
Practicable alternatives to the proposal which will avoid and minimize adverse impacts to wetlands and will not result in other significant adverse environmental consequences.
(3) 
Impacts that may result from the activity on the maintenance, protection, restoration or enhancement of standards under § 512-12.
(4) 
Cumulative impacts attributable to the proposed activity which may occur, based upon past or reasonably anticipated impacts on wetland functional values of similar activities in the affected area.
(5) 
Potential secondary impacts on wetland functional values from the proposed activity.
(6) 
Any potential adverse impacts to wetlands in ONRW areas.
(7) 
Any potential adverse impact to wetlands in environmentally sensitive areas.
E. 
Findings.
(1) 
Except as provided in Subsection D(2), (3) and (4), the Department shall make a finding that the requirements of this article are satisfied if it determines that the project proponent has shown all of the following:
(a) 
No practicable alternative exists which would avoid adverse impacts to wetlands.
(b) 
If Subsection E(1)(a) is met, all practicable measures to minimize adverse impacts to the functional values of the affected wetlands have been taken.
(c) 
If Subsection E(1)(a) and (b) are met, utilizing the factors in Subsection D(2) through (7) and considering potential wetland functional values provided by any mitigation project that is part of the subject application, the Department may find that the activity will not result in significant adverse impacts to wetland functional values, significant adverse impacts to water quality or other significant adverse environmental consequences.
(2) 
For all activities that will adversely affect a wetland in a tributary to an ONRW water, the Department may not consider potential functional values provided by any mitigation project that is part of the subject application.
(3) 
For all activities which meet one or more of Subsection E(1)(a), (b), and (c), the Department, utilizing the factors in § 512-11 and considering potential wetland functional values provided by any mitigation project that is part of the subject application, shall make a finding that the requirements of this article are satisfied if it determines that the project proponent has shown that the activity will not result in significant adverse impacts to wetland functional values, significant adverse impacts to water quality or other significant adverse environmental consequences. The Department may limit the scope of the analysis of alternatives under Subsection D(2), as determined at the preliminary assessment meeting under Subsection A, if:
(a) 
The activity is wetland dependent.
(b) 
The surface area of the wetland impact is 0.10 acre or less.
(c) 
All wetlands that may be affected by an activity are less than one acre in size, located outside a one-hundred-year floodplain, and not any of the following types:
[1] 
Deep marsh.
[2] 
Ridge and swale complex.
[3] 
Ephemeral pond in a wooded setting.
[4] 
Sedge meadow or fresh wet meadow not dominated by reed canary grass.
(4) 
Mitigation projects and the use of wetland mitigation banks shall be carried out in coordination with the Department and the United States Army Corps of Engineers in accordance with established guidelines for mitigation projects and wetland mitigation banks.
Note: Examples of wetland ecological evaluation methods include, but are not limited to, Wetland Evaluation Technique (FHWA/COE), Wisconsin Wetland Evaluation Methodology, Hollands-Magee (IEP/Normandeau), Minnesota Wetland Evaluation Methodology for the North Central United States and the Wisconsin Department of Natural Resources Rapid Assessment Method.