Michigan Administrative Code
Department - Environmental Quality
Water Resources Division
Wetland Mitigation Banking
Section R. 281.955 - Mitigation banks; establishment
Current through Vol. 24-04, March 15, 2024
Rule 5.
(1) The establishment and use of a mitigation bank are voluntary. The permit applicant has the option of providing compensatory mitigation for a single permitted action at the time of permit issuance. A mitigation bank shall be established in accordance with the wetland mitigation banking rules in order for credits from the mitigation bank to be authorized by the department as compensatory mitigation for wetland losses authorized under the act.
(2) A person who chooses to establish and operate a mitigation bank shall enter into a written mitigation banking agreement with the department before construction of the mitigation bank or any sale or use of credits from the bank. The agreement shall define the size of the bank, the ecological type of wetlands to be included, wetland functions to be provided, the area to be served by the mitigation bank, and the requirements for establishment, operation, and long-term maintenance by the bank sponsor. The bank sponsor shall provide the department with all of the information needed to prepare the agreement. A mitigation banking agreement shall include all of the following elements and provisions:
(3) Before submitting a mitigation banking proposal to the department, the bank sponsor shall notify all affected local units of government and adjacent property owners of the proposed wetland mitigation bank and shall take reasonable steps to address any objections to the project. The bank sponsor shall provide copies of any comments received and documentation of efforts to resolve local issues to the department with the mitigation banking proposal.
(4) The bank sponsor shall obtain the necessary construction permits for the alteration of existing wetlands or surface waters and all other required federal, state, or local approvals before initiating wetland creation or restoration activities. The permit review criteria in the act will be applied in reviewing an application to construct a mitigation bank.
(5) Nothing in these rules preempts the need to obtain local approval for construction of a wetland mitigation bank under local zoning ordinances or other local regulations.