R 281.956 Mitigation bank credits; use standards.

Rule 6. (1) In determining whether credits from a particular mitigation bank may be used to meet the requirements of the act, the department shall consider all of the following factors: (a) The location of the mitigation bank relative to the permitted wetland impact. (b) The wetland types represented in the bank. (c) The sustainable wetland functions provided by the bank. (d) The area of wetland provided as mitigation relative to the impact. (2) In-kind mitigation is required unless the department determines that it is not practical or that in-kind mitigation is not essential and that out-of-kind wetland mitigation provides a greater benefit to the wetland resources of the state. The department may consider the use of an out-of-kind wetland mitigation bank based on 1 or more of the following criteria: (a) The types of wetlands restored or created in the wetland mitigation bank help to restore the historic balance of wetland types within the watershed or ecoregion. (b) The mitigation bank provides particular wetland functions that meet defined resource management needs and goals articulated in an established watershed or ecosystem plan and will contribute to the overall health of the ecosystem. (c) The mitigation bank supports a diverse wetland complex that offsets cumulative primary and secondary impacts within the watershed. (d) The mitigation credits will be used to offset the loss of wetland types that cannot readily be recreated in a manner that is consistent with the permit review criteria of the act. (3) The service area of a mitigation bank shall be appropriate to the functions provided. The department shall use all of the following criteria in defining the service area of a mitigation bank: (a) Functions that are dependent upon the location of the wetland in the subwatershed shall be replaced by mitigation credits from a bank or other site within the same subwatershed. (b) Wetland functions which are watershed dependent, but which are not specific to a subwatershed, will be replaced in the same watershed as the impact. (c) Wetland functions, such as migratory bird habitat, that are not dependent upon location in the watershed shall be replaced either within the same watershed or within the same ecoregion. (d) The mitigation required by an individual permit may be split so that location-specific wetland functions are replaced on site or within the same subwatershed area, while other functions are replaced through a bank that has a larger defined service area. (4) When credits from a mitigation bank are used, the mitigation ratio shall be determined based on the nature of the permitted wetland loss in accordance with R 281.925.