Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-342 - MITIGATION BANKS › Section 62-342.100 - Intent

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department recognizes that, in
				certain instances, adverse impacts of activities regulated under Part IV of
				Chapter 373, F.S., can be offset through the utilization of mitigation credits
				from a permitted Mitigation Bank. This rule provides criteria for this
				mitigation alternative to complement existing mitigation criteria and
				requirements. This chapter is supplemental to and does not supersede any other
				criteria and requirements in rules promulgated under Part IV of Chapter 373,
				F.S.
(2) The responsibilities for
				implementing this chapter are described in Operating and Delegation Agreements
				between the Department of Environmental Protection ("Department") and the water
				management districts ("Districts"). The Agreements are incorporated by
				reference in subsection
				 62-113.100(3),
				F.A.C. The term "Agency" applies to the Department or a District, as
				applicable, throughout this chapter.
(3) The Agency intends that Mitigation Banks
				be used to minimize mitigation uncertainty associated with traditional
				mitigation practices and provide greater assurance of mitigation success. It is
				anticipated that the consolidation of multiple mitigation projects into larger
				contiguous areas will provide greater assurance that the mitigation will yield
				long-term, sustainable, regional ecological benefits. Mitigation Banks shall be
				consistent with Agency endorsed watershed management objectives and emphasize
				restoration and enhancement of degraded ecosystems and the preservation of
				uplands and wetlands as intact ecosystems rather than alteration of landscapes
				to create wetlands. This is best accomplished through restoration of ecological
				communities that were historically present. The establishment and use of
				Mitigation Banks in or adjacent to areas of national, state, or regional
				ecological significance is encouraged, provided the area in which the
				Mitigation Bank is proposed to be located is determined appropriate for a
				Mitigation Bank and the Mitigation Bank meets all applicable permitting
				criteria.
(4) Nothing in this
				chapter shall affect the mitigation requirements set forth in any Mitigation
				Bank agreement or any permit issued under Chapter 84-79, Laws of Florida, or
				Part IV of Chapter 373, F.S., prior to February 2, 1994. If a permittee wishes
				to substantially modify a Mitigation Bank previously established by agreement
				or permit, the permittee must comply with this chapter. Additionally, some
				Mitigation Banks may be subject to the version of this section existing prior
				to July 1, 1996, under Sections
				 373.4136(9) and
				(10), F.S., and will not be affected by
				amendments adopted after that date. This chapter does not prohibit an applicant
				from proposing project-specific, pre-construction on-site or off-site
				mitigation, without establishing a Mitigation Bank.
Rulemaking Authority
					 373.4131,
					 373.4136(11)
					 FS. Law Implemented 373.4131,
					 373.4135,
					 373.4136
					 FS.
New 2-2-94, Formerly 17-342.100, Amended 5-21-01,
					 2-19-15.