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

Current through all regulations passed and filed
			 through July 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 shall be 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 shall consider 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 required 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 shall have no
			 bearing on the decision of whether to allow lower water quality. Ohio EPA shall
			 review 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 required for impacts
			 to category 3 wetlands, as indicated 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.