Section 281.954. Mitigation banks generally.

(1) A mitigation bank is a site where wetlands are restored, created, or, in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation in advance of the unavoidable loss of  wetlands  authorized by the  act.   A  mitigation  bank  shall  be maintained in perpetuity.

(2)   The objective of mitigation banking is to provide for the replacement of chemical, physical, and biological wetland functions that are lost as a result of authorized impacts. To the extent possible, the bank shall provide multiple functions. Single function, low- quality  wetlands,   such    as

wastewater ponds, will not qualify as mitigation sites.The wetlands in a mitigation bank are quantified as mitigation credits that are available for use by the bank sponsor or other persons to compensate for adverse impacts.

(3)   The number of credits in a mitigation bank will normally be based on the acres of created and restored wetland in the bank after monitoring by the bank sponsor demonstrates that wetland functions have been established.

(4)   In exceptional circumstances, the preservation of certain existing wetlands may also contribute to the number of mitigation credits. Not more than 15% of the total wetland acreage in any mitigation bank shall be for the preservation of existing wetlands.

Mitigation credit for preserved  wetlands shall only be given if the department determines that all  of  the following provisions apply:

(a)  The preserved wetlands perform exceptional physical  or  biological functions that are essential to the preservation of the natural resources of the state or the preserved wetlands are an ecological type that is rare or endangered.

(b)   The preserved wetlands are under a demonstrable threat of loss or substantial degradation due to human activities that are not under the control of the bank sponsor and that are not otherwise restricted by state law.

(c)     Inclusion of  the  preserved  wetlands  in  a  mitigation  bank  and implementation of other actions identified in the mitigation bank plan will serve to protect functions associated with the wetlands that would otherwise be lost. Mitigation credit for preserved wetlands meeting these criteria will be given at a rate of 0.1 (one tenth) credit for each acre of preserved wetland.

(5)    A mitigation bank shall generally be planned and managed in a watershed or ecoregion context, or both and shall include restored, created, or, in exceptional circumstances, preserved wetlands that will provide functions which meet the needs of the watershed or ecoregion, or both.

(6)    Mitigation banks may be located on either public or private lands. However, a mitigation bank shall be established on public lands only if it furthers established management objectives that have been defined  by  the  agency   responsible  for managing the public land, and with the approval of the agency responsible for management of that land.

(7)   A wetland mitigation bank shall provide a minimum of 10 acres of new wetland. The new wetland may consist of multiple sites that are a minimum size of 1 acre each and  shall  be administered  under  a single  banking agreement.

History: 1997 AACS.