Michigan Administrative Code
Department - Environmental Quality
Water Resources Division
Wetland Mitigation Banking
Section R. 281.953 - Applicability

(1) Any person may establish a mitigation bank and may buy, sell, or use mitigation credits as approved by the department to meet the requirements of the act.

(2) The department may authorize the use of credits from an approved mitigation bank to satisfy all or a part of the wetland mitigation requirements associated with any permit application in accordance with applicable statutory criteria.

(3) The department may authorize the use of credits from an established mitigation bank only to offset the unavoidable loss of wetlands as approved in accordance with the act. Before approving the use of a mitigation bank, the department shall determine that the applicant has taken all feasible and prudent steps to avoid the loss of wetland resources and has used all practical means to minimize impacts to wetlands. The establishment of, or purchase of, credits from a mitigation bank does not eliminate the need to comply with the permit review criteria established in the act.

(4) Site-specific functions shall be replaced on site where practical and where the department has determined that on-site replacement is environmentally preferable. In these instances, use of a mitigation bank is not appropriate.