Ch. 347

1993 LAWS OF MARYLAND

(2) The Department may accept monetary compensation only if it is
determined that A MITIGATION BANKING PROJECT OR OTHER creation, restoration, or
enhancement of nontidal wetlands are not feasible alternatives. Monetary compensation
may not be a substitute for the requirement to avoid and minimize nontidal wetland
losses.

(c) (3) Funds in the Nontidal Wetland Compensation Fund may be used only
for the creation, restoration, or enhancement of nontidal wetlands, INCLUDING A
MITIGATION BANKING PROJECT:

(I)      ACQUISITION OF LAND;

(II)     ACQUISITION OF EASEMENTS;

  (III) MAINTENANCE OF MITIGATION SITES;

(IV)   PURCHASE OF CREDITS IN MITIGATION BANKS; AND

(V)     CONTRACTUAL SERVICES NECESSARY TO ACCOMPLISH THE
INTENT OF THIS PARAGRAPH.

8-1209.1.

(A) THE GENERAL ASSEMBLY DECLARES THAT:

(1) IN THE APPLICATION REVIEW PROCESS, ONE OF THE PRIMARY
MITIGATION ISSUES IS LOCATING THE MOST BENEFICIAL AREA TO CONDUCT
WETLAND RESTORATION, CREATION, OR ENHANCEMENT;

(2) WHERE UNAVOIDABLE LOSSES OR DEGRADATIONS OCCUR AS A
RESULT OF PERMITTED HUMAN ACTIVITY, THERE EXISTS A SEQUENTIAL PROCESS
FOR MITIGATION SITE LOCATION WHICH INCLUDES CONSIDERATION OF ON-SITE
ALTERNATIVES;

(3) MITIGATION BANKING, WHICH ALLOWS A PERSON TO RESTORE,
ENHANCE, OR CREATE A FUNCTIONAL WETLAND ECOSYSTEM, MAY OFFER A SOUND
MITIGATION ALTERNATIVE AND MAY PROVIDE AN OPPORTUNITY TO CONTRIBUTE
TO THE GOAL OF NO NET LOSS IN WETLANDS ACREAGE AND FUNCTION; AND

(4) MITIGATION BANKING DOES MAY NOT ALTER THE REGULATORY
REQUIREMENTS OF § 8-1207 OF THIS SUBTITLE.

(B) THE DEPARTMENT SHALL DEVELOP STANDARDS AND ADOPT
REGULATIONS FOR THE CREATION OF WETLAND MITIGATION BANKS, INCLUDING:

(1) THE TYPES AND LOCATIONS OF WETLANDS TO BE RESTORED,
CREATED, OR ENHANCED AND THE TYPES AND LOCATIONS OF WETLANDS TO BE
FILLED FOR WHICH A PERSON MAY OBTAIN CREDIT THROUGH A MITIGATION BANK;

(2) THE TYPES AND NUMBER OF CREDITS AVAILABLE THROUGH THE
BANK TO OFFSET EACH ACRE OF LOSSES BY ACREAGE AND BY FUNCTION OF A
WETLAND TO BE FILLED;

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