312 IAC 1.5-7-2 Compensatory mitigation to offset unavoidable impacts

Sec. 2. (a) The costs of compensatory mitigation to offset unavoidable impacts are based on the following ratios: (1) For the habitat category of palustrine emergent wetland, the standard minimum mitigation ratio is 2:1. (2) For the habitat category of palustrine scrub-shrub wetland, the standard minimum mitigation ratio is 3:1. (3) For the habitat category of palustrine forested wetland, the standard minimum mitigation ratio is 4:1. (4) For the habitat category of a forest that is not a wetland where at least one (1) acre is disturbed, the standard minimum mitigation ratio is 2:1. (5) For the habitat category of a forest that is not a wetland where at least one-tenth (0.1) of an acre and less than one (1) acre is disturbed the standard minimum mitigation ratio is 1:1. (6) For the habitat category of a forest that is not a wetland where less than one-tenth (0.1) of an acre in an urban area is disturbed, the standard minimum mitigation ratio is: (A) 5:1 based on the number of removed trees at least ten (10) inches in diameter at breast height when not more than six (6) trees are impacted; or (B) 1:1 based on the area impacted when more than six (6) trees are impacted. (b) A standard minimum mitigation ratio under subsection (a) may be increased by at least one-half (1/2) if the area impacted is of high quality or largely undisturbed. (c) A standard minimum mitigation ratio under subsection (a) may be increased to: (1) two and five-tenths (2.5) for an impact of at least five (5) acres and not more than nine and nine-tenths (9.9) acres; and (2) 3:1 for an impact of at least ten (10) acres. (d) A standard minimum mitigation ratio under subsection (a) may be increased by a factor of not more than two (2) if: (1) the area impacted is a previous mitigation site; (2) there are cumulative effects, as defined by 312 IAC 10-2-18; or (3) there are extended temporal delays in implementing the mitigation plan. (e) A standard minimum ratio under subsection (a) may be increased if a: (1) project falls out of compliance with rules, regulations, and permits; or (2) habitat type is difficult to mitigate due to the uniqueness, rarity, high quality, or difficulty in properly compensating the habitat.