Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-345 - UNIFORM MITIGATION ASSESSMENT METHOD › Section 62-345.100 - Intent and Scope

Current through Reg. 50, No. 138; July 16, 2024
(1) The intent of this rule is to fulfill the
				mandate of Section  373.414(18),
				F.S., which requires the establishment of a uniform mitigation assessment
				method to determine the amount of mitigation needed to offset adverse impacts
				to wetlands and other surface waters and to award and deduct mitigation bank
				credits. This chapter shall apply to those impacts subject to review under
				Section  373.414, F.S., excluding
				Sections 373.414(1)(a)1., 3., 5., 6. and (b)3., F.S.
(2) Except as specified above, the
				methodology in this chapter provides a standardized procedure for assessing the
				functions provided by wetlands and other surface waters, the amount that those
				functions are reduced by a proposed impact, and the amount of mitigation
				necessary to offset that loss. It does not assess whether the adverse impact
				meets other criteria for issuance of a permit, nor the extent that such impacts
				may be approved. This rule supersedes existing ratio guidelines or requirements
				concerning the amount of mitigation required to offset an impact to wetlands or
				other surface waters. Upon a determination that mitigation is required to
				offset a proposed impact, the methodology set forth in this rule shall be used
				to quantify the acreage of mitigation, or the number of credits from a
				mitigation bank or regional offsite mitigation area, required to offset the
				impact. This method is also used to determine the degree of improvement in
				ecological value of proposed mitigation bank activities. When applying this
				method, reasonable scientific judgment must be used.
(3) This method is not applicable to:
(a) Activities for which mitigation is not
				required;
(b) Activities authorized
				under general permits under Part IV of Chapter 373, F.S., for which special
				forms of mitigation are specified in the rule establishing the general
				permit;
(c) Activities in North
				Trail Basin and Bird Drive Basin in Miami-Dade County for which mitigation is
				specified in Department of Environmental Protection Permit Number 132416479,
				issued February 15, 1995 to Everglades National Park for a mitigation bank in
				the Hole in the Donut, which is incorporated by reference herein;
(d) Activities for which mitigation is
				determined under Section
				 373.41492, F.S.;
(e) Florida Department of Transportation
				permit applications where mitigation is provided under a plan developed by a
				water management district and approved by Department of Environmental
				Protection final order pursuant to Section
				 373.4137, F.S., prior to the
				effective date of this rule;
(f)
				Activities for which mitigation is determined under Section
				 338.250, F.S. (Central Florida
				Beltway);
(g) Impacts that are
				offset under the net improvement provision of Section 373.414(1)(b)3.,
				F.S.;
(h) Fishing or recreational
				values, pursuant to Section 373.414(1)(a)4., F.S., or
(i) Mitigation for mangrove trimming and
				alteration as required and implemented in accordance with Section
				 403.9332,
				F.S.