Fla. Admin. Code Ann. R. 62-342.400 - Criteria for Establishing a Mitigation Bank

The following criteria shall be met to establish a Mitigation Bank:

(1) The banker shall provide reasonable assurance that the proposed Mitigation Bank will:

(a) Improve ecological conditions of the regional watershed;

(b) Provide viable and sustainable ecological and hydrological functions for the proposed mitigation service area;

(c) Be effectively managed in perpetuity;

(d) Not destroy areas with high ecological value;

(e) Achieve mitigation success; and,

(f) Be adjacent to lands which will not adversely affect the perpetual viability of the Mitigation Bank due to unsuitable land uses or conditions.

(2) The banker shall also provide reasonable assurance that any surface water management system to be constructed, altered, operated, maintained, abandoned, or removed within the Mitigation Bank area will meet conditions of issuance of Part IV of Chapter 373, F.S., and the rules adopted thereunder.

(3) A Mitigation Bank may be implemented in phases if each phase independently meets the requirements of subsections 62-342.400(1) and (2), above.

(4) The banker shall:

(a) Have sufficient legal or equitable interest in the property to meet the requirements of Rule 62-342.650, F.A.C.; and,

(b) Meet the financial responsibility requirements of Rule 62-342.700, F.A.C.

Notes

Fla. Admin. Code Ann. R. 62-342.400

Rulemaking Authority 373.4136(11) FS. Law Implemented 373.4135, 373.4136 FS.

New 2-2-94, Formerly 17-342.400, Amended 5-21-01.

New 2-2-94, Formerly 17-342.400, Amended 5-21-01.