312 IAC 9.5-3-1 Requests for in-lieu fee

Sec. 1. (a) A person that applies for a permit under IC 14-26-2, IC 14-28-1, or IC 14-29-1 may request to use an in-lieu fee under this article. (b) A person must submit the request on a departmental form to the division of fish and wildlife. (c) To qualify for approval, the terms proposed in a request must be commensurate with the amount and type of impact that is associated with the project authorized by the permit and must include the following information: (1) Steps taken to avoid and offset or minimize impacts at the project site. (2) The reasons for a request to use an in-lieu fee compared to other mitigation, including an explanation of the inability to do mitigation on-site or within the same 8-digit hydrologic unit code area. (3) A floristic quality assessment of the project site.