Section 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.

History: 1997 AACS.