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HomeFish and Game CodeDiv. 2Ch. 7.8Art. 4§ 1792 Wetland Credit Minimum Pricing

§ 1792 Wetland Credit Minimum Pricing

Fish and Game Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1792 Wetland Credit Minimum Pricing

This law lets the state set a lowest price for each wetland credit in a wetland bank, and it makes the bank operator tell the state how much each acre of created wetland costs.

Key Takeaways

  • •The state can set a floor price for each wetland credit.
  • •The bank operator can charge more if a prior agreement (MOU) allows it.
  • •The operator must give a detailed cost breakdown so the state can compute an average cost per acre.

Example

A developer builds a 10‑acre wetland park to offset a new housing project.

The state can set a minimum price for each credit from that park, and the developer must give the state a breakdown of all the costs (land, building the wetland, upkeep, taxes, etc.) so the state can figure out the average cost per acre.

How to Calculate

Average Cost per Acre = (Land Cost + Wetland Creation Cost + Administration/Maintenance Cost + Taxes + Department Costs + Other Relevant Costs) ÷ Number of Wetland Acres

  1. Add up every cost listed in the statute (land, creation, admin, taxes, department, other).
  2. Count how many wetland acres were created.
  3. Divide the total cost from Step 1 by the number of acres from Step 2.

Developer creates 10 acres of wetland.

Result: Total cost = $415,000; Average Cost per Acre = $415,000 ÷ 10 = $41,500 per acre

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1792 Wetland Credit Minimum Pricing

In the interest of assuring that the minimum price for wetland credit is sufficient to ensure the financial integrity of the bank, the department may establish a minimum price for each bank established pursuant to this chapter. The operator may set a higher price to the extent that price is consistent with the terms of the memorandum of understanding executed pursuant to Section 1785. After the department determines the number of wetland acres in the bank site that qualify for credit against wetland loss in a qualifying urban area, the operator shall provide to the department, and the department shall verify, an accounting of the average cost for each wetland acre created, by wetland type for the purpose of determining credits, using the following factors: (a) Land costs, including the reasonable interest cost of holding the land. (b) Wetland creation costs. (c) Wetland administration, maintenance, and protection costs. (d) Annual taxes, including all tax increases allowed under applicable state law, and in-lieu payments pursuant to Section 1787, if applicable. (e) Costs incurred by the department in establishing the bank site, and the direct cost of necessary ongoing monitoring and oversight. (f) Any other information relevant to a determination of the cost of preserving the wetlands in perpetuity. (Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)

Last verified: January 10, 2026

Key Terms

minimum price for wetland creditfinancial integrity of the bankmemorandum of understandingaverage cost for each wetland acrepreserving the wetlands in perpetuity

Related Statutes

  • § 1786 Wetlands Creation Mou Requirements
  • § 1790 Wetlands Mitigation Bank Credit
  • § 1791 Wetland Classification Criteria
  • § 1792.5 Wetland Bank Reimbursement Agreement
  • § 1775 Wetlands Mitigation Bank Act

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Fish and Game Code. Section 1792.
View Official Source