Michigan Administrative Code
Department - Environmental Quality
Water Resources Division
Wetland Mitigation Banking
Section R. 281.960 - State priority wetland restoration areas
Current through Vol. 24-04, March 15, 2024
Rule 10.
(1) The department may, in cooperation with the department of natural resources, designate priority wetland restoration areas in large former wetland complexes which have been impacted by significant historic loss or degradation of wetlands and which have a high potential for successful wetland restoration. Areas so designated may include either public or private lands, but must have the potential to provide the public with vital wetland functions after ecologically sensitive restoration of wetland areas.
(2) The department shall develop a management plan for each designated priority wetland restoration area and shall consider the concerns of the department of natural resources and the potential of the area to provide critical wetland for any of the following:
(3) The department may enter into partnerships with other state agencies, local units of government, or private parties to promote the restoration and protection of wetlands within a priority wetland restoration area in accordance with the management plan. The department may provide funding or in-kind services to the partnership to support the management plan.
(4) Any person may establish a wetland mitigation bank within a priority wetland restoration area. All of the general requirements that apply to mitigation banks apply to mitigation banks established in priority areas, except for the special provisions specified in subrules (5) and (6) of this rule. The department may assist in the establishment of a wetland mitigation bank by identifying state lands suitable for use in the bank or by providing technical assistance.
(5) The department may establish a mitigation bank within a priority wetland restoration area if a mitigation bank is not established by other parties within 1 year after designation of the priority wetland restoration area or if existing banks do not provide adequate capacity or wetland functions.
(6) A wetland mitigation bank established within a priority wetland restoration area may utilize any or all of the following incentives if approved by the department in the mitigation banking agreement: