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When removal-fill permit applicants seek to alter wetlands, streams or other waters, they are required first to reduce adverse effects of the proposed project (mitigation) on these water resources.
As part of the application process, applicants must consider, in the following order: 1) avoiding the impact altogether; and 2) minimizing the impact. How the site plan for the project might be modified, or how the proposed development area might be moved to avoid wetland or waterway impacts altogether, are examples of the type of analysis that must be documented in the permit application.
If impacts are unavoidable, only after proceeding through these two steps may applicants propose compensating for the impact by replacing or providing comparable substitute wetlands, stream or other water resources. There are several compensatory mitigation options available to permit applicants. Note there are different rules for compensatory mitigation for waterways and for fresh and tidal wetlands.
Compensatory Mitigation Options
-an overview of the various options for mitigating wetland and waterway losses when avoidance and minimization are not possible.
Mitigation Fact Sheet
-provides more detailed information about compensatory mitigation.
Mitigation Rules
-provide details about mitigation program administration - see Division 85 (141-085-0025(3)(j) and 141-085-0121 through 141-085-0151).
Preparing a mitigation plan
-see these forms under Removal-Fill Permits Section: 1) Compensatory Wetland Mitigation Project Form; 2) Compensatory Wetland Mitigation Plan Checklist.
Information on mitigation banks
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