§ 1785 Wetlands Mitigation Bank Application

• •You must apply to the department before starting a wetlands mitigation bank.
• •The department decides if the site and the operator meet the required criteria.
• •Once approved, the determination is treated as a “project” under another state code.

A developer wants to create a wetland area to make up for a nearby construction that will damage a natural swamp.

The developer must send an application to the department. The department checks the wetland site and the developer’s plan against its criteria. If everything matches, the department gives a determination that the site qualifies, which then counts as an approved project under the state’s public resources rules.