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Florida Administrative Code (Last Updated: June 12, 2024) |
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62. Department of Environmental Protection |
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D62. Departmental |
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62-342. Mitigation Banks |
1The following criteria shall be met to establish a Mitigation Bank:
12(1) The banker shall provide reasonable assurance that the proposed Mitigation Bank will:
25(a) Improve ecological conditions of the regional watershed;
33(b) Provide viable and sustainable ecological and hydrological functions for the proposed mitigation service area;
48(c) Be effectively managed in perpetuity;
54(d) Not destroy areas with high ecological value;
62(e) Achieve mitigation success; and
67(f) Be adjacent to lands which will not adversely affect the perpetual viability of the Mitigation Bank due to unsuitable land uses or conditions.
91(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.
136(3) A Mitigation Bank may be implemented in phases if each phase independently meets the requirements of subsections 15462-342.400(1) 155and (2) above.
158(4) The banker shall:
162(a) Have sufficient legal or equitable interest in the property to meet the requirements of Rule 17862-342.650, 179F.A.C.; and
181(b) Meet the financial responsibility requirements of Rule 18962-342.700, 190F.A.C.
191Rulemaking Authority 193373.4136(11) FS. 195Law Implemented 197373.4135, 198373.4136 FS. 200History–New 2-2-94, Formerly 17-342.400, Amended 5-21-01.
