Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 310 - WETLANDS AND WATERBODIES PROTECTION
Section 096-310-7 - Mitigation Banking

A. Purpose. A public or private entity may apply to the department to undertake wetland compensation projects for the purposes of off-setting one or more alteration projects proposed at that time or in the future. The ratios set forth in Section 5(C)(5) above will be used as guidance to determine the amount of credit required for any proposed alteration.

B. Location. Compensation work must take place in the same watershed, biophysical region or in the project vicinity of the future alteration work, if feasible. Otherwise, the work must occur as close to the wetland alteration site or sites as feasible.

C. Effectively Functioning. A project to be used for compensation credit must be functioning as proposed in the mitigation banking application, as demonstrated by an updated functional assessment, in order to qualify as an offset to a proposed activity.

D. Limitation. No person may use mitigation banking to compensate for more than 25 acres of wetland alteration in any one year period.

E. Expertise. The applicant is required to show a combination of expertise, experience and resources sufficient to undertake and maintain land placed in mitigation banking.