Current through Vol. 24-04, March 15, 2024
Rule 6.
(1) In
determining whether credits from a particular mitigation bank may be used to
meet the requirements of the act, the department shall consider all of the
following factors:
(a) The location of the
mitigation bank relative to the permitted wetland impact.
(b) The wetland types represented in the
bank.
(c) The sustainable wetland
functions provided by the bank.
(d)
The area of wetland provided as mitigation relative to the impact.
(2) In-kind mitigation is required
unless the department determines that it is not practical or that in-kind
mitigation is not essential and that out-of-kind wetland mitigation provides a
greater benefit to the wetland resources of the state. The department may
consider the use of an out-of-kind wetland mitigation bank based on 1 or more
of the following criteria:
(a) The types of
wetlands restored or created in the wetland mitigation bank help to restore the
historic balance of wetland types within the watershed or ecoregion.
(b) The mitigation bank provides particular
wetland functions that meet defined resource management needs and goals
articulated in an established watershed or ecosystem plan and will contribute
to the overall health of the ecosystem.
(c) The mitigation bank supports a diverse
wetland complex that offsets cumulative primary and secondary impacts within
the watershed.
(d) The mitigation
credits will be used to offset the loss of wetland types that cannot readily be
recreated in a manner that is consistent with the permit review criteria of the
act.
(3) The service
area of a mitigation bank shall be appropriate to the functions provided. The
department shall use all of the following criteria in defining the service area
of a mitigation bank:
(a) Functions that are
dependent upon the location of the wetland in the subwatershed shall be
replaced by mitigation credits from a bank or other site within the same
subwatershed.
(b) Wetland functions
which are watershed dependent, but which are not specific to a subwatershed,
will be replaced in the same watershed as the impact.
(c) Wetland functions, such as migratory bird
habitat, that are not dependent upon location in the watershed shall be
replaced either within the same watershed or within the same
ecoregion.
(d) The mitigation
required by an individual permit may be split so that location-specific wetland
functions are replaced on site or within the same subwatershed area, while
other functions are replaced through a bank that has a larger defined service
area.
(4) When credits
from a mitigation bank are used, the mitigation ratio shall be determined based
on the nature of the permitted wetland loss in accordance with R
281.925.
