The Wisconsin Department of Natural Resources (the “Department”) has recently implemented several key statewide changes to their guidance related to wetland delineation review and concurrence in conjunction with the State of Wisconsin Wetland and Waterway Permit programs.  The structure and guidance for these changes was directed in a memorandum by the statewide Water Division Administrator (Todd Ambs) on November 3, 2009. 

 

Traditionally, wetland delineations completed by consultants were reviewed by Department staff for concurrence, independent of any state permit review process.  Department staff typically provided written concurrence if the boundaries were accurately identified and documented. 

 

Under the new guidance the Department will no longer review or provide concurrence of wetland boundary determinations outside of the permitting process.  Those parties requesting concurrence of a wetland delineation will be sent an acknowledgement letter stating that the Department is not conducting reviews of wetland delineation reports, where the review is not part of an application for a waterway or wetland permit. However, wetland delineations completed by an individual approved under the Wetland Delineation Professional Assurance program (“assured delineator”) are considered concurred with by the Department and therefore individual concurrence letters are not necessary. NRC employs a number of wetland ecologists that are approved under the wetland assurance program. 

Based on the memorandum, the Department staff will review wetland delineations completed by non-assured delineators concurrently with review of an associated state permit application “to ensure the report is complete and the boundary is accurate.”  Deficiencies in the wetland delineation may result in an incomplete permit application.  Conversely, the memorandum states that Department staff will “presume that wetland delineations from assured delineators are accurate and will not be reviewing the reports, except to gain an understanding of the project site’s wetland and upland ecological make-up as part of the relevant public trust review.”  Therefore, wetland delineations completed by assured delineators may result in streamlining the state permitting review process.

These guidance changes are significant and may have implications on regulatory approvals at the local governmental level.  For example, many municipalities and several counties in Wisconsin often require written Department concurrence for wetland delineations prior to issuing building, driveway, and zoning permits, finalizing plat approvals, or approving other land disturbance activities.Oftentimes projects that require local approvals may not require permits through the Wisconsin Department of Natural Resources.   Therefore, these wetland delineations will not be reviewed or concurred with by the Department.  This could result in significant delays in obtaining the necessary approvals at the local level unless the wetland delineation is completed under the Wisconsin Delineation Professional Assurance Program.