Fla. Admin. Code Ann. R. 62-331.140 - Mitigation Banks and In-Lieu Fee Programs

(1) Mitigation banks and in-lieu fee program instruments shall be reviewed and processed by the Corps in accordance with federal law. However, the Agency shall be responsible for issuing any permits required for dredge or fill activities needed to implement the mitigation bank or in-lieu fee program within state-assumed waters.

(2) Federal mitigation bank and in-lieu fee credits shall be acceptable to provide compensatory mitigation for State 404 Program permits, where appropriate. (See 404 Handbook, section 8.5.1).

(3) A designated representative of the Agency shall serve as a member of the Interagency Review Team.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register § 373.4146, F.S.

Notes

Fla. Admin. Code Ann. R. 62-331.140

Rulemaking Authority 373.026(7), 373.043, 373.413 5, 373.414, 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.413, 373.4131, 373.4132, 373.4135, 373.4136, 373.4146 FS.

Adopted by Florida Register Volume 46, Number 117, June 16, 2020 effective 12/22/2020.

New 12-22-20.