Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-1 - Water Quality Standards › Section 3745-1-54 - Wetland antidegradation

All regulations passed and filed through January 1,
			 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules and
				federal statutory provisions referenced in this rule, see rules
				3745-1-03 and
				3745-1-50 of the Administrative
				Code.]
[Comment: For definitions of terms used in this rule, see rules
				3745-1-02 and
				3745-1-50 of the Administrative
				Code.]
(A) The provisions in this rule
			 apply in addition to the provisions in rule
			 3745-1-05 of the Administrative
			 Code.
(B) Wetland antidegradation
			 requirements.
(1) The wetland designated use
			 shall be maintained and protected such that degradation of surface waters
			 through direct, indirect, or cumulative impacts does not result in the net loss
			 of wetland acreage or functions or services in accordance with paragraphs (D),
			 (E), and (F) of this rule.
(2)
			 Wetland categorization and function.
(a) Each
			 wetland 
										is assigned a category by Ohio EPA for the purposes of
			 reviews of projects pursuant to this rule. Wetland categories assigned by Ohio
			 EPA for regulatory purposes are valid for a period of five years following
			 assignment by Ohio EPA unless the wetland category assignment is adopted in a
			 permit decision. If adopted in a permit decision, wetland categories assigned
			 by Ohio EPA will remain valid as long as the permit remains valid.
(i) A category will be assigned based on the
			 wetland's relative functions and services, sensitivity to disturbance, rarity,
			 and potential to be adequately compensated for by wetland mitigation.
(ii) In assigning a wetland category, the
			 director will consider the results of an appropriate wetland evaluation method
			 acceptable to the director, including but not limited to the "Ohio Rapid
			 Assessment Method (ORAM)" version 5.0, "Vegetation Index of Biotic Integrity
			 for Wetlands (VIBI)" version 1.5, and "Amphibian Index of Biotic Integrity for
			 Wetlands (AmphIBI)," and other information necessary in order to fully assess
			 the wetland's functions and services.
(iii) In assessing any reestablished
			 (restored), established (created), or rehabilitated (enhanced) wetland for any
			 purpose, the director will consider the results of VIBI or other appropriate
			 wetland evaluation method acceptable to the director. ORAM is not an acceptable
			 wetland evaluation method for reestablished (restored), established (created),
			 or rehabilitated (enhanced) wetlands.
(iv) Wetland antidegradation categories, and
			 the requirements for an antidegradation review for wetlands in each category,
			 are outlined in paragraphs (C) and (D) of this rule.
(b) The functions and services of a wetland
			 may include, but are not limited to, the following:
(i) Ground water exchange, including the
			 discharge and recharge of ground water.
(ii) Nutrient removal or
			 transformation.
(iii) Sediment or
			 contaminant retention.
(iv) Water
			 storage.
(v) Sediment
			 stabilization.
(vi) Shoreline
			 stabilization.
(vii) Maintenance of
			 biodiversity, as that term is defined in rule
			 3745-1-50 of the Administrative
			 Code.
(viii) Recreation.
(ix) Education and research.
(x) Habitat for threatened or endangered
			 species.
(3)
			 The director may consider the regional significance of the functions and
			 services a wetland performs (e.g., wetlands recognized as providing important
			 hydrological functions in watershed management plans) when determining whether
			 degradation of the wetland can be authorized.
(4) Threatened or endangered species.
(a) In making determinations regarding the
			 lowering of water quality in wetlands which contain critical habitat for
			 threatened or endangered species, or either the permanent or seasonal presence
			 of a threatened or endangered species, the director considers the anticipated impact of the proposed
			 lowering of water quality on the threatened or endangered species.
(b) To assist the director in making this
			 determination, an applicant shall provide Ohio EPA written comments from both
			 the Ohio department of natural resources and the U.S. fish and wildlife
			 service, regarding threatened and endangered species, including the presence or
			 absence of critical habitat, for all wetlands under review, unless another
			 entity has been designated by the aforementioned agencies to make this
			 determination. In that case, the designated entity shall provide the
			 necessary written comments.
(5) Indirect impacts. In making
			 determinations regarding the lowering of water quality in a wetland, the
			 director may take into consideration other environmental impacts that may be a
			 consequence of approving the request.
(6) Wetlands impacted without prior
			 authorization.
(a) Where a wetland has been
			 degraded or destroyed without prior authorization, the wetland will be
			 considered a category 3 wetland, unless the applicant demonstrates that a lower
			 category is appropriate based on other information including, but not limited
			 to, adjacent wetland or vegetation, aerial photographs, U.S. fish and wildlife
			 service national wetland inventory maps, Ohio wetland inventory maps, public
			 information, on-site inspections, previous site descriptions, and soil
			 maps.
(b) The director may consider
			 other information in determining whether a lower category is
			 appropriate.
(c) When reviewing
			 applications for discharges to wetlands which have occurred without prior
			 authorization, the fact that the discharge has already occurred
			 has
			 no bearing on the decision of whether to allow lower water quality. Ohio EPA
			 reviews the impacts based on pre-discharge
			 conditions.
(d) The director may
			 require compensatory mitigation, if approved in accordance with other
			 provisions of this rule, at the same mitigation ratios as
			 indicated for impacts to category 3 wetlands, as
			 
										shown in table E-1 of this rule.
(e) Nothing in paragraph (B)(6) of this rule
			 relieves any person from liability for degrading or destroying a wetland
			 without prior authorization or in violation of any applicable laws.