reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part II - CERTIFICATION PROCESS › Section 173-700-242 - Public hearings

Current through Register Vol. 24-14, July 15, 2024
(1) The sponsor,
				any interested government entity, any group, or any person may request a public
				hearing on the bank certification.
(2) The written request must be received by
				the department during the comment periods for the prospectus or the proposed
				bank certification.
(3) Any request
				for a public hearing shall indicate the interest of the party filing it and why
				a hearing is warranted.
(4) The
				department shall determine, in its sole discretion, if significant public
				interest exists to hold a public hearing.
(5) The department shall provide at least
				fourteen days' notice prior to any hearing.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-242, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part III - BANK ESTABLISHMENT › Section 173-700-300 - Ecological design incentives

Current through Register Vol. 24-14, July 15, 2024
(1) One
				goal of this chapter is to encourage the development of banks that provide
				significant ecological benefits and are sustainable. In order to achieve this,
				incentives have been built into the certification and bank establishment
				process to encourage the siting and designing of banks that provide significant
				ecological benefits and restore watershed processes in areas identified as high
				priorities under a watershed-based approach to mitigation.
(2) The incentives may include, but are not
				limited to, more favorable credit conversion rates and larger service
				areas.
(3) The department shall
				make decisions regarding the application of specific incentives on a
				case-by-case basis.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-300, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part III - BANK ESTABLISHMENT › Section 173-700-301 - Service area

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				must determine the appropriate service area for proposed banks.
(2) The sponsor must provide a detailed text
				description and a map of the bank's proposed service area in the
				instrument.
(3) The maximum extent
				of a service area shall be the WRIA in which the bank is located, except when
				inclusion of portions of adjacent WRIAs is ecologically appropriate and
				defensible.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-301, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part III - BANK ESTABLISHMENT › Section 173-700-302 - Considerations for determining service area size

Current through Register Vol. 24-14, July 15, 2024
The department considers the following elements when
				  determining the size of the service area:
(1) The functions provided by the bank and
				the distance from the bank that the ecological functions can reasonably be
				expected to compensate for impacts;
(2) Whether the bank addresses existing
				watershed-based mitigation planning efforts;
(3) How far the ecological and hydrological
				benefits of the bank extend beyond the bank site location;
(4) The position of the bank within the
				watershed;
(5) The degree to which
				the bank restores processes within the watershed;
(6) The size and characteristics of the WRIA
				in which the bank is located;
(7)
				The quality, diversity, and regional significance of the habitats
				provided;
(8) Local needs and
				requirements, such as consistency with land use or watershed management
				plans;
(9) Types of impacts that
				may be compensated through the use of credits from the bank; and
(10) The degree to which the bank supports
				priorities found in, but not limited to, watershed management plans, watershed
				characterizations, wetland mapping or inventories, storm water management
				plans, shoreline master programs, salmon recovery plans and comprehensive land
				use plans.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-302, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part III - BANK ESTABLISHMENT › Section 173-700-303 - Site selection

Current through Register Vol. 24-14, July 15, 2024
(1)
				Banks must be sited, planned, and designed to be self-sustaining over time. The
				department shall carefully consider ecological suitability, ecological
				sustainability, and land use compatibility when determining if a site is an
				appropriate location for a bank.
(a) The
				department shall consider the following factors when determining if a proposed
				bank site is ecologically suitable for providing the desired aquatic resource
				functions, to the extent practicable:
(i)
				Whether the proposed location and design are consistent with watershed-based
				restoration priorities;
(ii)
				Whether the proposed location and design allow for the protection and
				restoration of ecological processes within the basin or the
				watershed;
(iii) Whether the
				proposed location and design protect or enhance wetland functions that can be
				sustained over time;
(iv) Whether
				the proposed location will possess the physical, chemical, and biological
				characteristics to support a sustainable wetland ecosystem;
(v) Whether the size and location of the bank
				are appropriate relative to the ecological features found at the site, such as
				sources of water;
(vi) Whether the
				proposed location has a high potential to connect or complement existing
				wetlands;
(vii) Whether the process
				of establishing the bank at the site will protect, enhance, or negatively
				affect ecologically significant aquatic or upland resources or habitat for
				threatened, endangered, or candidate species; and
(viii) The types of unavoidable impacts that
				are anticipated to use bank credits for mitigation.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part III - BANK ESTABLISHMENT › Section 173-700-304 - Buffers

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				determines the buffer necessary for each bank. The buffer for a bank must be
				sufficient to protect the functions at the bank.
(2) The department considers the following
				elements to determine the buffer necessary for a bank:
(a) The level of sensitivity of the wetlands
				to off-site activities;
(b) The
				functions and quality of the buffer (existing conditions and proposed
				conditions); and
(c) The intensity
				of adjacent land uses.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part III - BANK ESTABLISHMENT › Section 173-700-310 - Credit description

Current through Register Vol. 24-14, July 15, 2024
The sponsor must provide a description of what the credits
				  represent in the instrument.
(1) For
				credits determined using a conversion rate under WAC
				173-700-313, the sponsor shall
				describe the credits in terms of wetland rating, HGM class, and Cowardin class.
				The credit description must list the ecological functions provided by the
				bank.
(2) For credits determined
				using an alternative method under WAC
				173-700-321, the sponsor shall
				describe the credits and the method used to determine the credits.
(3) If different resource currencies are
				developed for a bank:
(a) The sponsor shall
				describe the credits and the method used to determine the credits;
(b) Those credits shall be quantified by the
				appropriate regulatory agency; and
(c) The accounting methods, including the
				relationship to wetland credits (e.g., the number of resource credits
				equivalent to a wetland credit), must be approved by the department and
				included in the instrument or an amendment to the instrument.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part III - BANK ESTABLISHMENT › Section 173-700-311 - Types of credits

Current through Register Vol. 24-14, July 15, 2024
There are four types of credits associated with a bank:
				  Potential, available, reserved and debited.
(1) A potential credit is a credit
				anticipated to be generated by the bank, but is not currently available for
				use. Potential credits have not been released by the department.
(2) An available credit is a potential credit
				that has been released by the department after a bank attains the performance
				standards specified in the instrument. Only available and reserved credits may
				be used to compensate for unavoidable wetland impacts authorized under a
				federal, state, or local permit or other authorizations in accordance with the
				conditions of the instrument.
(3)
				Reserved credit is an available credit that has been withdrawn from the bank
				but which is not associated with a specific regulatory requirement at the time
				of purchase. Purchase of reserved credits does not provide any guarantee that a
				project will be authorized under existing regulatory programs. Reserved credits
				are purchased at the buyer's sole risk.
(4) A debited credit is:
(a) An available credit that has been
				withdrawn from the bank to meet regulatory requirements.
(b) A reserved credit that has been used to
				meet a regulatory requirement.
(c)
				Removed from the ledger and cannot be used again.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part III - BANK ESTABLISHMENT › Section 173-700-312 - Default method for determining credits

Current through Register Vol. 24-14, July 15, 2024
(1) The department shall use area of wetland
				as the default credit unit for calculating credits at a bank site.
(2) The department shall determine the number
				of potential credits at a bank using a credit conversion rate.
(3) The credit conversion rate uses a ratio
				of area of activity such as reestablishment, creation, rehabilitation,
				enhancement, or preservation to credits generated at the bank site (area of
				activity: Credit).
(4) Except as
				provided in WAC
				173-700-320, the department must
				determine the credit conversion rates for individual banks from within the
				ranges specified in WAC
				173-700-313 and
				173-700-318.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-312, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part III - BANK ESTABLISHMENT › Section 173-700-313 - Wetland credit conversion rates

Current through Register Vol. 24-14, July 15, 2024
The ranges for establishing conversion rates for wetland
				  areas are as follows:
If the mitigation activity is:
The conversion rate can range
								from:
Area of activity: Credit
Reestablishment
1:1 to 2:1
Creation (establishment)
1:1 to 2:1
Rehabilitation of altered processes
2:1 to 3:1
Enhancement of wetland structure
3:1 to 5:1
Preservation: In combination with reestablishment,
								creation, rehabilitation, or enhancement of wetlands
5:1 to 10:1
Preservation: Alone
Case-by-case
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-313, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part III - BANK ESTABLISHMENT › Section 173-700-314 - Considerations for determining credit conversion rates for wetland reestablishment, creation, rehabilitation, and enhancement

Current through Register Vol. 24-14, July 15, 2024
Unless an alternative credit determination method is used
				  under WAC
				  173-700-321, the department shall
				  use the following considerations to determine specific conversion rates for
				  wetlands on a bank site:
(1) The
				anticipated net gains in wetland functions at the site;
(2) The degree to which the bank restores
				ecological processes previously altered by human activity in a watershed, based
				on predicted success and sustainability of process restoration;
(3) The degree to which the bank is expected
				to successfully restore or maintain the appropriate HGM class of wetland for
				the landscape setting;
(4) The
				degree to which the bank incorporates a watershed-based approach for site
				location and design;
(5) The rarity
				of the predicted wetlands and habitats at the site, based on rarity at state
				and/or local level;
(6) The site's
				contribution to the protection, recovery, or both, of state or federally listed
				threatened or endangered species, protection of state priority species and
				habitats, and locally significant habitats;
(7) The degree of connectivity to other
				habitats and open space areas, based on existing connectivity and level of
				protection for connected areas; and
(8) Public access and education
				opportunities, where appropriate, as determined by the department.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-314, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part III - BANK ESTABLISHMENT › Section 173-700-315 - Considerations for determining credit conversion rates for wetland preservation

Current through Register Vol. 24-14, July 15, 2024
(1)
				Preserving wetlands may generate credit when the preservation occurs in
				conjunction with the reestablishment, creation, rehabilitation, or enhancement
				of a wetland or, in exceptional circumstances, as the sole means of generating
				credits.
(2) Unless an alternative
				credit determination method is used under WAC
				173-700-321, the department shall
				use the following considerations to determine specific conversion rates for
				preserved wetlands on a bank site:
(a) The
				degree to which the preservation area contributes to the ecological functioning
				of the overall bank site and the protection of watershed processes;
(b) The site is located in an area identified
				as a high priority for preservation and restoration in a watershed plan or
				characterization;
(c) The area
				proposed for preservation is a high quality wetland system, as determined using
				the considerations under WAC
				173-700-316; and
(d) The area proposed for preservation is at
				risk because the wetland is under demonstrable threat of loss or substantial
				degradation, due to human activities that might not otherwise be expected to be
				restricted based on local zoning codes, critical areas ordinances, Forest
				Practices Act, and foreseeable future land uses in the watershed.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part III - BANK ESTABLISHMENT › Section 173-700-316 - Considerations for determining high quality wetland systems

Current through Register Vol. 24-14, July 15, 2024
The department shall determine whether a site is a high
				  quality wetland system including, but not limited to:
(1) Wetlands with special characteristics
				including:
(a) Estuarine wetlands;
(b) Natural Heritage wetlands;
(c) Bogs;
(d) Old-growth and mature forested
				wetlands;
(e) Interdunal
				wetlands;
(f) Vernal pools;
				and
(g) Alkali wetlands.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part III - BANK ESTABLISHMENT › Section 173-700-317 - Considerations for determining credit conversion rates for banks in urban areas

Current through Register Vol. 24-14, July 15, 2024
In urban areas wetlands and uplands may generate credits at
				  the more favorable rates within WAC
				  173-700-313 and
				  173-700-318. The department will
				  take into consideration the following when determining how much credit is
				  generated:
(1) WAC
				173-700-314,
				173-700-315, and
				173-700-319;
(2) Local land use zoning, anticipated future
				build-out, width of the buffer and its ability to protect the wetland or other
				aquatic resource from further degradation;
(3) Integrated public education and directed
				access for passive recreation opportunities, where appropriate as determined by
				the department;
(4) Whether the
				bank provides multiple functions; and
(5) The degree to which the bank helps to
				implement local restoration priorities, shoreline master programs, local land
				use management plans, and watershed plans.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-317, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part III - BANK ESTABLISHMENT › Section 173-700-318 - Credit conversion rates for uplands and other habitats

Current through Register Vol. 24-14, July 15, 2024
(1) Uplands and
				other habitat areas may generate credits to the extent that those areas
				contribute to the overall ecological functioning and sustainability of the
				bank.
(2) Enhancement of upland and
				other habitats may generate credits at a conversion rate from 3:1 to 10:1.
				Preservation of high quality uplands and other habitats may generate credits at
				a conversion rate from 8:1 to 15:1.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-318, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part III - BANK ESTABLISHMENT › Section 173-700-319 - Considerations for determining credit conversion rates for uplands and other habitats

Current through Register Vol. 24-14, July 15, 2024
Unless an alternative credit determination method is used
				  under WAC
				  173-700-321, the department shall
				  use the following considerations to determine specific conversion rates for
				  uplands and other habitats on a bank site:
(1) Degree of contribution to the ecological
				functioning of the bank;
(2) The
				existing or proposed enhanced condition of the uplands and other habitats;
				and
(3) Connectivity to other
				habitats and open space areas, based on existing connectivity and level of
				protection for those adjacent areas.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-319, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part III - BANK ESTABLISHMENT › Section 173-700-320 - Exceptions to credit conversion rates

Current through Register Vol. 24-14, July 15, 2024
(1) The department may allow a conversion
				rate for wetlands, uplands, and other habitat areas that are outside of the
				ranges specified in WAC
				173-700-313 and
				173-700-318.
(2) All exceptions for credit conversion
				rates authorized by the department must be:
(a) Made on a case-by-case basis, considering
				the specific circumstances of a bank; and
(b) Based on ecological
				considerations.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part III - BANK ESTABLISHMENT › Section 173-700-321 - Using an alternative method to determine credits

Current through Register Vol. 24-14, July 15, 2024
The department may allow the use of an alternative method to
				  determine credits so long as:
(1) The
				department approves of the method;
(2) The method is applicable and appropriate
				for the Pacific Northwest;
(3) The
				method is applicable for use on projects debiting from the bank; and
(4) The method is documented in the
				instrument.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-321, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part III - BANK ESTABLISHMENT › Section 173-700-330 - Schedule for the release of credits

Current through Register Vol. 24-14, July 15, 2024
(1) The instrument shall include the amount
				and schedule for release of credits. Releases of credits must be tied to the
				attainment of performance standards.
(2) The department shall determine a schedule
				for the release of credits.
(3) The
				department shall base the number of credits to be released on the following
				considerations, but not limited to:
(a) The
				amount of ecological gain at the time of the release;
(b) The sponsor's experience and success with
				similar types of projects;
(c) The
				expected length of time necessary to achieve project goals and performance
				standards; and
(d) The potential
				for design failure.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part III - BANK ESTABLISHMENT › Section 173-700-331 - Credit release - Preconstruction

Current through Register Vol. 24-14, July 15, 2024
(1) Up to fourteen percent of the total
				potential credits for the bank, or for the phase, may be released
				preconstruction. Initial physical and biological improvements must begin within
				one year following the release of credits.
(2) The following criteria must be met prior
				to any release of credits:
(a) The instrument
				is signed and approved;
(b) The
				permanent protection mechanism for the site is established;
(c) The proof of financial assurances has
				been received by the department;
(d) The long-term management and maintenance
				endowment fund escrow account or other approved financial assurance for such
				activity is established; and
(e)
				All necessary permits and authorizations for site construction have been
				obtained.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part III - BANK ESTABLISHMENT › Section 173-700-332 - Credit release - Postconstruction

Current through Register Vol. 24-14, July 15, 2024
(1) Up to thirty percent of the total
				potential credits for the bank, or for the phase that has been constructed, may
				be released when the department, in consultation with signatories, approves:
(a) The complete implementation of
				construction plans; and
(b) The
				as-built condition of the bank or phase.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part III - BANK ESTABLISHMENT › Section 173-700-333 - Credit release - Attainment of hydrologic performance standards

Current through Register Vol. 24-14, July 15, 2024
(1) Up to fifty
				percent of total potential credits for the bank, or for the phase of the bank
				that has been constructed, may be released when the department, in consultation
				with signatories, determines that the hydrologic performance standard(s), at a
				minimum, has been attained.
(2) The
				department may require that additional performance standards be met prior to
				releasing up to fifty percent of the total potential credits.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-333, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part III - BANK ESTABLISHMENT › Section 173-700-334 - Credit release - Final release

Current through Register Vol. 24-14, July 15, 2024
(1) The department, in consultation with the
				signatories, may adjust the final number of potential credits available at a
				bank based on actual conditions of the bank site at the time of the final
				release of credits. The number of potential credits may be adjusted in the
				following ways:
(a) The total number of
				potential credits may be reduced if all of the required performance standards
				cannot be attained; or
(b) The
				total number of potential credits may be increased if:
(i) All of the required performance standards
				are met; and
(ii) The department
				determines that the site provides higher levels of function than originally
				projected.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part III - BANK ESTABLISHMENT › Section 173-700-335 - Additional credit releases

Current through Register Vol. 24-14, July 15, 2024
(1)
				Earlier releases of credits may be awarded by the department, in consultation
				with the signatories, as long as the maximum percentages for the release of
				potential credits specified in WAC
				173-700-331 through
				173-700-334 are not
				exceeded.
(2) Earlier releases of
				credits may be awarded by the department, in consultation with the signatories,
				if the sponsor performs approved actions beyond those identified in the
				instrument in order to increase the projected functions of the site. Earlier
				releases of credits will not be awarded for implementation of management
				activities that are necessary to attain the performance standards required in
				the instrument.
(3) Any deviation
				from the credit release schedule shall be documented in an amendment to the
				instrument.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-335, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part III - BANK ESTABLISHMENT › Section 173-700-340 - Performance standards

Current through Register Vol. 24-14, July 15, 2024
(1)
				Performance standards must be based on the bank's objectives and goals as
				identified in the instrument.
(2)
				Performance standards must be measurable.
(3) The department may require multiple years
				of monitoring data to document the sustainable attainment of specific
				performance standards, particularly hydrologic performance standards.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-340, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part III - BANK ESTABLISHMENT › Section 173-700-350 - Financial viability

Current through Register Vol. 24-14, July 15, 2024
(1)
				Certification of a bank under this chapter does not imply or guarantee the
				financial viability of the bank.
(2) Sponsors are responsible for conducting
				any financial studies prior to implementation of an instrument to determine the
				financial risks and potential economic viability of the bank.
(3) The department may not consider the
				economic standing of a bank when implementing mitigation sequencing,
				determining unavoidable impacts, or evaluating compensation alternatives for
				debit projects.
(4) The sponsor is
				responsible for all costs associated with the construction, operation,
				maintenance, long-term management, permanent protection, financial assurances,
				and remedial actions, if required.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-350, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part III - BANK ESTABLISHMENT › Section 173-700-351 - Financial assurances

Current through Register Vol. 24-14, July 15, 2024
(1) The
				department must require financial assurances to ensure that the potential risks
				to the environment from unsuccessful banks are minimized. This may include
				financial assurances specifically for:
(a)
				The construction phase (see WAC
				173-700-352);
(b) The monitoring and maintenance phase (see
				WAC 173-700-353); and
(c) The long-term management phase (see WAC
				173-700-354).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part III - BANK ESTABLISHMENT › Section 173-700-352 - Financial assurances for construction

Current through Register Vol. 24-14, July 15, 2024
(1) If credits are released prior to the
				construction of a bank, the department must require a financial assurance for
				construction.
(2) The amount of the
				financial assurance must be sufficient to cover the estimated costs for
				construction of a portion of the bank site that the department determines is
				equivalent to the credits released prior to construction.
(3) Construction cost estimates must be based
				on the costs of having an independent contractor perform the construction of
				the bank. The sponsor must provide the department with a written estimate from
				a qualified contractor.
(4) The
				department shall authorize the release of the financial assurance mechanism for
				bank construction after the department has approved the as-built condition of
				the bank.
(5) If the first release
				of credits will occur after construction is completed and the department has
				approved the as-built plans, the department may require a financial assurance
				that would be adequate to stabilize the bank site in the event of default by
				the sponsor.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-352, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part III - BANK ESTABLISHMENT › Section 173-700-353 - Financial assurances for monitoring and maintenance

Current through Register Vol. 24-14, July 15, 2024
(1) The department must require a financial
				assurance for monitoring and maintenance for all banks that have credit
				releases prior to full attainment of all performance standards.
(2) The sponsor must provide the department a
				written cost estimate, including an adjustment for inflation, from a qualified
				contractor. The cost estimates for monitoring and maintenance must be based on
				the costs to have the work specified below performed by an independent
				contractor.
(3) The amount of the
				financial assurance must be sufficient to cover all monitoring and maintenance
				activities listed under WAC
				173-700-402 for the operational
				life of the bank and the below activities, but not limited to:
(a) Estimated costs for a contractor to
				implement the adaptive management activities identified in the
				instrument;
(b) Estimated costs of
				all monitoring activities required in the monitoring plan.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part III - BANK ESTABLISHMENT › Section 173-700-354 - Financial assurances for long-term management

Current through Register Vol. 24-14, July 15, 2024
(1) The department must require financial
				assurances for the long-term management of a bank site.
(2) The sponsor must provide the department a
				written estimate for the costs of annual maintenance of the bank, including an
				adjustment for inflation, from a qualified contractor.
(3) The sponsor must secure sufficient funds
				for the anticipated long-term management costs. Appropriate long-term financing
				mechanisms include, but are not limited to, nonwasting endowments, trusts,
				contractual arrangements with future responsible parties, and other appropriate
				financial instruments. In cases where the long-term management entity is a
				public authority or government agency, that entity must provide a plan for the
				long-term financing of the bank site.
(4) Any provisions necessary for long-term
				financing must be addressed in the instrument.
(5) If the ownership of the site is
				transferred in the future, the financial mechanism for long-term management
				must remain with the entity responsible for the long-term management of the
				bank site.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-354, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part IV - BANK OPERATION › Section 173-700-400 - Monitoring plan

Current through Register Vol. 24-14, July 15, 2024
(1) The goals of
				monitoring bank sites are to:
(a) Document the
				postconstruction baseline conditions at the site;
(b) Document the condition of the site as it
				develops over time;
(c) Document
				the attainment of performance standards; and
(d) Provide early identification of problems
				in the site's development that would trigger potential adaptive management
				activities.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part IV - BANK OPERATION › Section 173-700-401 - Monitoring and as-built reporting

Current through Register Vol. 24-14, July 15, 2024
(1) The sponsor must submit to the
				signatories an electronic and a hard copy of the monitoring reports. The
				monitoring reports must accurately document the conditions and progress of the
				bank's development. The reports must be submitted according to the schedule
				specified in the instrument.
(2)
				The monitoring report must include, but is not limited to:
(a) A list of the bank's performance
				standards;
(b) A narrative summary
				of the results of the monitoring;
(c) Discussion of whether applicable
				performance standards were attained;
(d) Data collected during the
				monitoring;
(e) Location of
				transects, plots, and monitoring wells;
(f) Photo points or referenced locations
				where photographs of the site are taken periodically to document site
				progress;
(g) Identification of any
				probable causes for failure of the bank to attain any performance
				standards;
(h) Discussion of
				recommended adaptive management activities to improve attainment of performance
				standards or performance of functions at the site;
(i) Discussion of any adaptive management
				activities performed on the site;
(j) Name and qualification of the persons and
				organizations conducting the monitoring.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part IV - BANK OPERATION › Section 173-700-402 - Monitoring and maintenance

Current through Register Vol. 24-14, July 15, 2024
(1) The
				department shall determine a monitoring schedule for the bank.
(a) The schedule shall be of sufficient
				duration to show that the bank is progressing toward ecological success and a
				sustainable condition. Generally, the department shall require a ten-year
				monitoring schedule.
(b) Longer
				monitoring periods may be required for banks that contain wetland or other
				aquatic systems that require more time to reach a stable condition or where
				adaptive management activities or remedial actions have been
				undertaken.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part IV - BANK OPERATION › Section 173-700-403 - Adaptive management plan

Current through Register Vol. 24-14, July 15, 2024
(1)
				Each instrument must include an adaptive management plan.
(2) The adaptive management plan for a bank
				site must include the following elements, but is not limited to:
(a) Goals and objectives of the
				bank;
(b) Identification of
				potential causes for site failure;
(c) A management strategy to address
				unforeseen changes in site conditions or if the monitoring indicates that the
				site will not achieve performance standards specified in the instrument;
				and
(d) The sponsor's
				responsibilities and process for reporting and implementing adaptive management
				activities.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part IV - BANK OPERATION › Section 173-700-410 - Obtaining credit releases

Current through Register Vol. 24-14, July 15, 2024
(1)
				Once the bank has met the required performance standards, the sponsor must
				petition the department in writing in order to obtain a release of
				credits.
(2) For preconstruction
				credit releases, the sponsor must include documentation that the minimum
				requirements in WAC
				173-700-331 have been
				met.
(3) For postconstruction
				credit releases, the sponsor must send the department supporting monitoring
				data demonstrating that the required performance standards have been met.
(a) The department shall conduct an on-site
				inspection, as needed, to verify that performance standards have been
				met.
(b) The sponsor must allow the
				department access to the site and to all documentation relevant to the
				requested credit release.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part IV - BANK OPERATION › Section 173-700-411 - Ledger tracking and reporting

Current through Register Vol. 24-14, July 15, 2024
(1) The sponsor must maintain a separate
				ledger for each bank.
(2) The
				ledger must be formatted to be consistent with the department's ledger
				template.
(3) The sponsor must
				submit a complete copy of the ledger at the following times:
(a) An annual ledger for the previous
				calendar year must be submitted by February 1st.
(b) An updated ledger must be submitted
				within thirty days after any credits are received, sold, or debited. This
				requirement also applies to other resource credits available at the
				bank.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part IV - BANK OPERATION › Section 173-700-412 - Master ledger

Current through Register Vol. 24-14, July 15, 2024
(1) The
				department shall maintain a master ledger for each bank and must cross check
				the sponsor's annual ledger against the master ledger.
(2) The department must notify the sponsor
				within sixty days of receipt of the sponsor's annual ledger if the ledger
				conflicts with the master ledger.
(3) The sponsor is responsible for
				reconciling any discrepancies between the sponsor's ledger and the department's
				master ledger. If the sponsor fails to resolve any discrepancies, the
				department may suspend the further use of available credits under WAC
				173-700-603.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-412, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part IV - BANK OPERATION › Section 173-700-413 - Random audits

Current through Register Vol. 24-14, July 15, 2024
(1) The
				department may conduct random audits during the operational life of a
				bank.
(2) The audit may include the
				department contacting the local jurisdiction(s) and the county auditor's office
				to verify all transactions listed in a bank's ledger.
(3) In the event of an audit, the sponsor
				must provide all supporting documentation requested by the department in order
				to verify transactions listed in the bank's ledger.
(4) Unexplainable discrepancies between the
				public records and the bank's ledger may result in the department initiating
				compliance actions under WAC
				173-700-600 through
				173-700-603.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-413, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part IV - BANK OPERATION › Section 173-700-420 - Long-term management plan

Current through Register Vol. 24-14, July 15, 2024
(1) The
				instrument must identify the party responsible for the ownership and long-term
				management of the bank.
(2) A
				long-term management plan should include a description of long-term management
				needs, annual cost estimates for these needs, and identify the funding
				mechanism that will be used to meet those needs.
(3) The instrument may contain provisions
				allowing the sponsor to transfer the long-term management responsibilities of
				the bank site to a land stewardship entity, such as a public agency,
				nongovernmental organization, or private land manager, after review and
				approval by the department. This land stewardship entity need not be identified
				in the instrument, as long as the future transfer of long-term management
				responsibility is approved by the department.
(4) The owner of a bank may not complete any
				conveyance of title, easement, lease, or other interest directly related to the
				bank without adequate and complete provision for the continued management of
				the bank as specified in the instrument.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-420, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part IV - BANK OPERATION › Section 173-700-421 - Permanent protection

Current through Register Vol. 24-14, July 15, 2024
(1)
				Bank sites must be permanently protected and preserved as specified in the
				instrument. The department requires that the sponsor use a legal mechanism to
				ensure the permanent protection and preservation of the site. Generally, the
				department shall require a conservation easement.
(2) The department may approve other legal
				and administrative mechanisms, in lieu of a conservation easement, if it
				determines they are adequate to protect the site.
(3) The legal mechanisms must:
(a) Be approved by the department and secured
				prior to any release of credits;
(b) Limit site activities that are
				incompatible or interfere with the goals, purposes, and ecological functioning
				of the site;
(c) Transfer with the
				property;
(d) Contain a provision
				requiring a sixty-day advance notification to the department before any action
				is taken to void or modify the mechanism, including transfer of title, or
				establishment of any other legal claims over the bank site;
(e) Require the easement holder of the bank
				to notify and receive approval from the department for any proposal to use the
				bank in a manner that is inconsistent with the conservation easement or other
				approved legal mechanism; and
(f)
				Grant the department and its designated representatives the right to enter the
				bank at reasonable times for the purpose of evaluating compliance with the
				terms of the instrument and the conservation easement or other approved legal
				mechanism.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part V - USE OF BANK CREDITS › Section 173-700-500 - Use of bank credits

Current through Register Vol. 24-14, July 15, 2024
Banks can be a preferable option for compensating for
				  authorized impacts. Use of a bank can help reduce risk and uncertainty as well
				  as temporal loss of resource functions and services when used to compensate for
				  authorized impacts. Local and state agencies are encouraged to use banks as a
				  tool for implementing various management and restoration plans. These plans may
				  include, but are not limited to, watershed management plans, watershed
				  characterizations, storm water management plans, shoreline master programs,
				  salmon recovery plans, and comprehensive land use plans. Banks can restore
				  processes, habitats, and functions identified as priorities within the
				  watershed.
(1) The department requires
				an approved instrument that includes a mitigation plan, appropriate real estate
				protections, and financial assurances for a bank. The department requires that
				the bank attain performance standards before credits can be used.
(2) Projects located within the bank's
				service area are eligible to apply to use credits from that bank to compensate
				for authorized unavoidable impacts.
(3) Permitting agencies for debit projects
				should ensure that mitigation sequencing has occurred before approving the use
				of credits.
(4) The permitting
				agencies determine whether the use of credits from a bank provides appropriate
				compensation for a debit project's unavoidable impacts.
(5) Under no circumstances may the same
				credits be debited as compensation for a different impact authorized under
				another regulatory program.
(6)
				Some debit projects may require authorization under more than one regulatory
				program (e.g., section 404 authorization, local grading permit, and a hydraulic
				project approval). Where appropriate, banks may be designed to holistically
				address requirements under multiple programs and authorities for the same
				activity.
(7) The sponsor is
				responsible for obtaining all approvals from the signatories when proposing to
				use credits in a manner that is inconsistent with the terms and conditions of
				the instrument.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-500, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part V - USE OF BANK CREDITS › Section 173-700-501 - Replacement ratios for debit projects

Current through Register Vol. 24-14, July 15, 2024
(1) Replacement ratios used to determine
				compensation requirements for debit projects should generally be lower than
				those required for permittee-responsible mitigation because of the reduced risk
				of failure and reduction in temporal losses.
(2) The replacement ratios for debit projects
				should take into consideration that credit conversion rates for banks include
				adjustments for the site's overall ecological benefit. One credit at a bank is
				not necessarily equal to one acre on the ground. In many cases, one credit from
				a bank represents more than one acre at the bank site.
(3) Replacement ratios for debit projects
				should reflect the extent to which the bank site adequately compensates for
				lost wetland functions at the impact site.
(4) Recommended replacement ratios are
				generally included in the instrument.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-501, filed 9/3/09, effective
					 10/4/09.