62-342.100. Intent

(1) The Department recognizes that, in certain instances, adverse impacts of activities regulated under Part IV of Chapter 373, F.S., can be offset through the utilization of mitigation credits from a permitted Mitigation Bank. This rule provides criteria for this mitigation alternative to complement existing mitigation criteria and requirements. This chapter is supplemental to and does not supersede any other criteria and requirements in rules promulgated under Part IV of Chapter 373, F.S.

(2) The responsibilities for implementing this chapter are described in Operating and Delegation Agreements between the Department of Environmental Protection (“Department”) and the water management districts (“Districts”). The Agreements are incorporated by reference in subsection 62-113.100(3), F.A.C. The term “Agency” applies to the Department or a District, as applicable, throughout this chapter.

(3) The Agency intends that Mitigation Banks be used to minimize mitigation uncertainty associated with traditional mitigation practices and provide greater assurance of mitigation success. It is anticipated that the consolidation of multiple mitigation projects into larger contiguous areas will provide greater assurance that the mitigation will yield long-term, sustainable, regional ecological benefits. Mitigation Banks shall be consistent with Agency endorsed watershed management objectives and emphasize restoration and enhancement of degraded ecosystems and the preservation of uplands and wetlands as intact ecosystems rather than alteration of landscapes to create wetlands. This is best accomplished through restoration of ecological communities that were historically present. The establishment and use of Mitigation Banks in or adjacent to areas of national, state, or regional ecological significance is encouraged, provided the area in which the Mitigation Bank is proposed to be located is determined appropriate for a Mitigation Bank and the Mitigation Bank meets all applicable permitting criteria.

(4) Nothing in this chapter shall affect the mitigation requirements set forth in any Mitigation Bank agreement or any permit issued under Chapter 84-79, Laws of Florida, or Part IV of Chapter 373, F.S., prior to February 2, 1994. If a permittee wishes to substantially modify a Mitigation Bank previously established by agreement or permit, the permittee must comply with this chapter. Additionally, some Mitigation Banks may be subject to the version of this section existing prior to July 1, 1996, under Sections 373.4136(9) and (10), F.S., and will not be affected by amendments adopted after that date. This chapter does not prohibit an applicant from proposing project-specific, pre-construction on-site or off-site mitigation, without establishing a Mitigation Bank.

Rulemaking Authority 373.4131, 373.4136(11) FS. Law Implemented 373.4131, 373.4135, 373.4136 FS. History–New 2-2-94, Formerly 17-342.100, Amended 5-21-01, 2-19-15.