Fla. Admin. Code Ann. R. 62-342.600 - Mitigation Service Area

(1) A Mitigation Service Area will be established for each Mitigation Bank in the Mitigation Bank Permit under the criteria of Section 373.4136(6), F.S. Except as provided herein, Mitigation Credits may only be withdrawn to offset adverse impacts in the Mitigation Service Area. The boundaries of the Mitigation Service Area shall depend upon the geographic area where the Mitigation Bank could reasonably be expected to offset adverse impacts.

(2) A Mitigation Service Area may be larger than the regional watershed if the Mitigation Bank provides exceptional ecological value such that adverse impacts to wetlands outside the regional watershed could reasonably be expected to be adequately offset by the Mitigation Bank because of local ecological or hydrological conditions. A Mitigation Service Area may be smaller than a regional watershed, if adverse impacts throughout the regional watershed cannot reasonably be expected to be offset by the Mitigation Bank because of local ecological or hydrological conditions.

(3) Mitigation Service Areas may overlap and Mitigation Service Areas for two or more Mitigation Banks may be approved for a regional watershed.

(4) If the requirements in Rule 62-342.300, F.A.C., are met, the following projects or activities shall be eligible to use a Mitigation Bank, notwithstanding the fact that they are not completely located within the Mitigation Service Area:

(a) Projects with adverse impacts partially located within the Mitigation Service Area.

(b) Linear projects, such as roadways, transmission lines, distribution lines, pipelines, or railways.

(c) Projects with total adverse impacts of less than one-half acre in size.

(5) When Mitigation Credits are applied to offset adverse impacts within the same regional watershed as the Mitigation Bank, the Mitigation Credit requirement shall be the same as that specified for mitigation on the project site.

(6) When Mitigation Credits are applied to offset adverse impacts outside the regional watershed, the Mitigation Credit requirement shall be higher than that specified for mitigation on the project site if necessary to adequately offset the adverse impacts of the project, except for linear projects, as referenced in paragraph (4)(b), above, when the impact being offset is within the Mitigation Service Area of the Mitigation Bank to be used.

Notes

Fla. Admin. Code Ann. R. 62-342.600

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

New 2-2-94, Formerly 17-342.600, Amended 12-12-94, 5-21-01.

New 2-2-94, Formerly 17-342.600, Amended 12-12-94, 5-21-01.