(a)
Wetlands replacement must meet the following general criteria:
(1)
Area ratio. The wetland
shall be replaced at a minimum area ratio of replacement acres to affected
acres of 1:1. The Department may require the area ratio to exceed 1:1 based on
a determination of the area affected and the functions and values which will be
destroyed or adversely affected by the project. For structures or activities
constructed without a permit, and for which mitigation, as defined in §
105.1 (relating to definitions),
cannot be achieved, the wetland shall be replaced at a minimum area ratio of
2:1 (replacement acres: affected acres). The Department may require the area
ratio to exceed 2:1 based on a determination of the area affected and the
functions and values which were destroyed or adversely affected by the
project.
(2)
Function and
value replacement. Functions and values that are physically and
biologically the same as those that are lost shall be replaced at a minimum
ratio of 1:1. The Department may require the functions and values ratio to
exceed 1:1 based on the area affected and on the functions and values which
will be destroyed as adversely affected by the project and the replacement
ratio. For structures or activities constructed without a permit, and for which
mitigation, as defined in §
105.1, cannot be achieved, the
wetland shall be replaced at a minimum area ratio of 2:1. The Department may
require the area ratio to exceed 2:1 based on a determination of the area
affected and the functions and values which were destroyed or adversely
affected by the project.
(3)
Siting criteria. Replacement shall be located adjacent to the
impacted wetland unless an alternative replacement site is approved by the
Department. Alternative replacement sites will generally not be approved unless
the replacement site is located within the same watershed as the wetland being
replaced or within the designated boundaries of the coastal zone management
area where the loss occurs.
(b) In addition to the general criteria in
subsection (a), the Department will use its guidelines entitled "Design
Criteria for Wetlands Replacement " in making decisions under this
section. These guidelines provide for design, flexibility and utilization of
best available technology in environmental engineering. These guidelines are
available from the Division of Rivers and Wetlands Conservation, Post Office
Box 8761, Harrisburg, Pennsylvania 17105-8761.
Notes
The
provisions of this § 105.20a adopted October 11, 1991, effective
10/12/1991, 21 Pa.B.
4911.
The provisions of this § 105.20a issued under
the Dam Safety and Encroachments Act (32 P. S. §§
693.1-693.27); The Clean Streams
Law (35 P. S. §§
691.1-691.1001); section 7 of the
act of June 14, 1923 (P. L. 704, No. 294) (32 P. S. §
597); sections 514, 1901-A, 1908-A, 1917-A
and 1920-A of The Administrative Code of 1929 (71 P. S. §§
194,
510-1,
510-8,
510-17 and
510-20); and the Flood Plain
Management Act (32 P. S. §§
679.101-679.601).
This section cited in 25 Pa. Code §
96.3 (relating to water quality
protection requirements); 25 Pa. Code §
105.18a (relating to permitting of
structures and activities in wetlands); and 25 Pa. Code §
105.21 (relating to criteria for
permit issuance and denial).
