OAR 141-085-0745. In-Lieu Fee Mitigation

The Department may approve the use of in-lieu fee mitigation as a category of the mitigation banking program (OAR 141-085-0720 through 141-085-0740). (1) Applicability. In-lieu fee mitigation involves the payment of funds to an approved sponsor to satisfy compensatory mitigation requirements for impacts to waters of this state. In-lieu fee mitigation differs from other forms of mitigation in that advanced credits can be released upon approval of a program Instrument, before Department approval of the mitigation site. (2) Policies. In-lieu fee mitigation is subject to all rules governing mitigation banking (OAR 141-085-0720 through 141-085-0745), as applicable. (3) Implementation. The Department will establish a method for implementing in-lieu fee mitigation, including, but not limited to the following elements: (a) Additional information required for a program instrument outlining the operation and use of an in-lieu fee program, including, but not limited to a planning framework for identifying and securing mitigation sites within the defined service area, proposed advance credit release and justification, and accounting procedures; (b) Timelines to implement compensatory mitigation projects to satisfy advance credit sales, and (c) Department approval of compensatory mitigation projects proposed by the in-lieu fee sponsor. (4) Qualifying Sponsors May Be Limited. The Department may limit the number and type of in-lieu fee sponsors.