WILLIAM DONALD SCHAEFER, Governor                            Ch. 347

(3)      THE METHOD OF WETLAND CONSTRUCTION, SUPERVISION, AND
MAINTENANCE TO BE REQUIRED OF A BANK OWNER SEEKING TO OBTAIN CREDIT
FOR USE OF THE BANK;

(4)      MAINTENANCE REQUIREMENTS;

(5)      MONITORING REQUIREMENTS;

(6) BONDING REQUIREMENTS, TO INCLUDE ASSURANCE OF WETLAND
FUNCTION;

(7) REPORTING REQUIREMENTS TO THE DEPARTMENT; AND

(8) CONSISTENCY WITH DEVELOPED WATERSHED PLANS, FOREST
CONSERVATION, LOCAL GROWTH MANAGEMENT POLICIES, AND LOCAL
COMPREHENSIVE PLANS.;

(9) REQUIREMENTS FOR THE PROTECTION IN PERPETUITY OF MITIGATION
BANKS, THROUGH METHODS THAT INCLUDE EASEMENTS, COVENANTS, OR SIMILAR
MECHANISMS, THAT SHALL BE IN PLACE AT THE TIME CREDITS ARE WITHDRAWN;

(10)    COMPENSATION RATIOS FOR MITIGATION THROUGH MITIGATION
BANKS THAT SHALL EQUAL OR EXCEED 1.5 TO 1; AND

(11)    PUBLIC NOTICE AND COMMENT REQUIREMENTS, INCLUDING
OPPORTUNITY FOR PUBLIC REVIEW AND COMMENT ON ANY SPECIFIC WETLAND BANK
THAT IS GREATER THAN 5 ACRES IN SIZE.

(C) THE STANDARDS AND REGULATIONS ADOPTED BY THE DEPARTMENT UNDER
THIS SECTION SHALL ENSURE THAT:

(1) THE PROVISIONS OF § 8-1207 OF THIS SUBTITLE, INCLUDING THE
AVOIDANCE, ALTERNATIVE ANALYSIS, AND MINIMIZATION OF DISTURBANCE OF
NONTIDAL WETLANDS, ARE FULLY ADHERED TO;

(2) THE GOALS OF § 8-1202 OF THIS SUBTITLE TO ATTAIN NO NET OVERALL
LOSS IN NONTIDAL WETLAND ACREAGE AND FUNCTION AND TO STRIVE FOR A NET
RESOURCE GAIN ARE ACHIEVED;

(3) ONSITE MITIGATION IS EXAMINED BEFORE CONDUCTING
MITIGATION OFF SITE; AND

(4) MITIGATION THROUGH WETLAND BANKING SHOULD BE
ACCOMPLISHED IN AND WITH PREFERENCE TO THE SAME WATERSHED AND COUNTY AS
THE WETLAND FOR WHICH MITIGATION IS REQUIRED.

(D) (1) THIS SECTION MAY NOT BE CONSTRUED TO REQUIRE THE DEPARTMENT
TO:

(I) ESTABLISH OR FUND STATE MITIGATION BANKS:

(II) FUND THE ESTABLISHMENT OF MITIGATION BANKING BY THE
PRIVATE SECTOR; OR

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