Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-1 - Water Quality Standards › Section 3745-1-50 - Wetland definitions and availability of documents

Current through all regulations passed and filed
			 through July 1, 2024
[Comment: For dates of non-regulatory
				government publications, publications of recognized organizations, federal
				rules and federal statutory provisions referenced in this rule, see rule
				3745-1-03
				of the Administrative Code.]
In addition to the definitions in rules 3745-1-02
				and 3745-32-01 of the Administrative Code
				technical words used in rules 3745-1-50 to
				3745-1-54
				of the Administrative Code shall be defined as follows:
(A)
								"33 C.F.R." means
			 Title 33 of the Code of Federal Regulations effective July 1,
			 2017.
(B)
								"40 C.F.R." means Title 40 of the Code of Federal
			 Regulations effective July 1, 2017.
(C) "Alternatives
			 analysis" means a systematic review and evaluation of practicable alternatives
			 including avoidance, minimization and
			 compensatory mitigation for impacts to a wetland.
(D)
								"Applicant" means
			 any person required to submit an application to obtain a section 401 water
			 quality certification or isolated wetland permit from the Ohio environmental
			 protection agency (Ohio EPA).
(E) "Areal cover"
			 means the per cent of vegetation covering any area of
			  wetland. Areal measurements are
			 those made as if the wetland were being viewed from above.
(F) "Avoidance" is the
			 first step in the alternatives analysis and means that the applicant must
			 demonstrate that alternatives that fulfill the basic project purpose and have less
			 or no impacts to the wetland are not practicable,
			 so long as the alternative does not have other significant adverse
			 environmental consequences.
(G) "Biodiversity"
			 means the number of community types, different species, and genetic variants of
			 species found in a given area.
(H) "Bog" means a
			 peat-accumulating wetland that has no significant inflows or outflows and
			 supports acidophilic mosses. Characteristic indicator species may
			 include, but are not limited to Calla palustris, Carex atlantica var.
			 capillacea, Carex echinata, Carex oligosperma, Carex trisperma, Chamaedaphne
			 calyculata, Decodon verticillatus, Eriphorum virginicum, Ilex mucronata, Larix
			 laricina, Scheuchzeria palustris, Sphagnum spp., Vaccinium macrocarpon,
			 Vaccinium corymbosum, Vaccinium oxycoccos, Woodwardia virginica, and Xyris
			 difformis.
(I) "Compensatory mitigation" refers to the final step
			 in the alternatives analysis and means reestablishment
			 (restoration), establishment (creation), rehabilitation
			 (enhancement) or, in certain circumstancespreservation of wetlands 
			 for the purpose of compensating for unavoidable adverse impacts which remain
			 after all appropriate and practicable avoidance and minimization have been
			 achieved.
(J)
			 "Critical habitat" means the following:
(1) The specific areas within the
			 geographical area currently occupied by a species, at the time it is listed in
			 accordance with the Endangered Species Act  on which are found those
			 physical or biological features essential to the conservation of the species,
			 and that may require special management considerations or protection.
(2) Specific areas outside the geographical
			 area occupied by a species at the time it is listed in accordance with the
			 Endangered Species Act, upon a determination by the secretary of the department
			 of the interior, that such areas are essential for the conservation of the
			 species.