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HomeFish and Game CodeDiv. 2Ch. 7.8Art. 5§ 1794 Wetland Mitigation Bank Requirements

§ 1794 Wetland Mitigation Bank Requirements

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

§ 1794 Wetland Mitigation Bank Requirements

This law says that before you get paid for fixing wetlands, you must set up a trust or bond, then use all the money to buy credits that protect wetland areas that are just like the ones you’re affecting, and you can’t use a bank if it would cause a net loss of wetlands.

Key Takeaways

  • •You must establish the trust or bond required by Section 1786 before getting paid.
  • •All of the payment must be used to buy credits in a mitigation bank.
  • •The wetland credits you buy must match the water, plants, and other features of the wetland you’re affecting.
  • •You cannot join a mitigation bank if using it would cause a net loss of wetland habitat or acreage.

Example

A builder wants to fill in a small wetland to put in a parking lot.

The builder has to first set up a trust or bond, then spend the whole payment on buying credits from a wetland mitigation bank that protects a wetland with the same water flow and plants as the one being filled. If that bank would end up with fewer wetlands overall, the builder can’t use it.

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

Official Source
View on CA.gov

§ 1794 Wetland Mitigation Bank Requirements

Compensation pursuant to Section 1793 is subject to the condition that the operator establish the trust or bond required by subparagraph (B) of paragraph (3) of subdivision (b) of Section 1786 and, in addition, is subject to the following conditions: (a) The full payment shall be used to purchase credits in the mitigation bank site. (b) The payment shall provide for purchase of bank site wetland acreage required by Section 1793 that has the same hydrologic, vegetative, and other characteristics as the system for which it will serve as mitigation. (c) A permittee shall not participate in a wetlands mitigation bank if a net loss of wetland habitat values or acreage occurs. (Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)

Last verified: January 10, 2026

Key Terms

compensationmitigation bank sitewetland acreagenet loss of wetland habitat

Related Statutes

  • § 1777.5 Wetland Mitigation Bank Credits
  • § 1786 Wetlands Creation Mou Requirements
  • § 1793 Wetland Removal Compensation Rules
  • § 1777.2 Wetland Mitigation Bank Sites
  • § 1780 Wetland Protection In Valley

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Fish and Game Code. Section 1794.
View Official Source