(a) Definitions. Thefollowing definitions apply to this section:
(1) "Compensatorymitigation" means the restoration, creation, enhancement, or preservationof jurisdictional waters required as a condition of a permit issued by theDepartment or by the United States Army Corps of Engineers.
(2) "Governmententity" means the State and its agencies and subdivisions, the federalgovernment, and units of local government.
(3) "Hydrologic area"means an eight‑digit Cataloging Unit designated by the United StatesGeological Survey.
(4) "Jurisdictionalwaters" means wetlands, streams, or other waters of the State or of theUnited States.
(5) "Unit of localgovernment" means a "local government," "publicauthority," or "special district" as defined in G.S. 159‑7.
(b) Department toCoordinate Compensatory Mitigation. All compensatory mitigation required bypermits or authorizations issued by the Department or by the United States ArmyCorps of Engineers shall be coordinated by the Department consistent with thebasinwide restoration plans and rules developed by the Environmental ManagementCommission. All compensatory mitigation, whether performed by the Department orby permit applicants, shall be consistent with the basinwide restoration plans.All compensatory mitigation shall be consistent with rules adopted by theCommission for wetland and stream mitigation and for protection and maintenanceof riparian buffers.
(c) CompensatoryMitigation Emphasis on Replacing Ecological Function Within Same River Basin. The emphasis of compensatory mitigation is on replacing functions within thesame river basin unless it is demonstrated that restoration of other areaswould be more beneficial to the overall purposes of the Ecosystem EnhancementProgram.
(d) CompensatoryMitigation Options Available to Government Entities. A government entity maysatisfy compensatory mitigation requirements by the following actions, if thoseactions are consistent with the basinwide restoration plans and also meet orexceed the requirements of the Department or of the United States Army Corps ofEngineers, as applicable:
(1) Payment of a feeestablished by the Commission into the Ecosystem Restoration Fund established inG.S. 143‑214.12.
(2) Donation of land tothe Ecosystem Enhancement Program or to other public or private nonprofitconservation organizations as approved by the Department.
(3) Participation in acompensatory mitigation bank that has been approved by the United States ArmyCorps of Engineers, provided that the Department or the United States ArmyCorps of Engineers, as applicable, approves the use of such bank for therequired compensatory mitigation.
(4) Preparing andimplementing a compensatory mitigation plan.
(d1) CompensatoryMitigation Options Available to Applicants Other than Government Entities. Anapplicant other than a government entity may satisfy compensatory mitigationrequirements by the following actions, if those actions meet or exceed therequirements of the United States Army Corps of Engineers:
(1) Participation in acompensatory mitigation bank that has been approved by the United States ArmyCorps of Engineers, provided that the Department or the United States ArmyCorps of Engineers, as applicable, approves the use of such bank for therequired compensatory mitigation. This option is only available in a hydrologicarea where there is at least one compensatory mitigation bank that has beenapproved by the United States Army Corps of Engineers.
(2) Payment of a feeestablished by the Commission into the Ecosystem Restoration Fund establishedin G.S. 143‑214.12. This option is only available to an applicant whodemonstrates that the option under subdivision (1) of this subsection is notavailable.
(3) Donation of land tothe Ecosystem Enhancement Program or to other public or private nonprofitconservation organizations as approved by the Department.
(4) Preparing andimplementing a compensatory mitigation plan.
(e) Payment Schedule. A standardized schedule of compensatory mitigation payment amounts shall beestablished by the Commission. Compensatory mitigation payments shall be madeby applicants to the Ecosystem Restoration Fund established in G.S. 143‑214.12.The monetary payment shall be based on the ecological functions and values ofwetlands and streams permitted to be lost and on the cost of restoring orcreating wetlands and streams capable of performing the same or similarfunctions, including directly related costs of wetland and stream restorationplanning, long‑term monitoring, and maintenance of restored areas.Compensatory mitigation payments for wetlands shall be calculated on a per acrebasis. Compensatory mitigation payments for streams shall be calculated on aper linear foot basis.
(f) Mitigation Banks. State agencies and mitigation banks shall demonstrate that adequate,dedicated financial surety exists to provide for the perpetual land managementand hydrological maintenance of lands acquired by the State as mitigationbanks, or proposed to the State as privately operated and permitted mitigationbanks.
(g) Payment for Taxes. A State agency acquiring land to restore, enhance, preserve, or createwetlands must also pay a sum in lieu of ad valorem taxes lost by the county inaccordance with G.S. 146‑22.3. (1996, 2nd Ex. Sess., c. 18, s. 27.4(a); 1997‑443,s. 11A.119(a); 2004‑188, s. 2; 2005‑386, s. 3.4; 2008‑152, s.1; 2009‑337, s. 1.)
(a) Definitions. Thefollowing definitions apply to this section:
(1) "Compensatorymitigation" means the restoration, creation, enhancement, or preservationof jurisdictional waters required as a condition of a permit issued by theDepartment or by the United States Army Corps of Engineers.
(2) "Governmententity" means the State and its agencies and subdivisions, the federalgovernment, and units of local government.
(3) "Hydrologic area"means an eight‑digit Cataloging Unit designated by the United StatesGeological Survey.
(4) "Jurisdictionalwaters" means wetlands, streams, or other waters of the State or of theUnited States.
(5) "Unit of localgovernment" means a "local government," "publicauthority," or "special district" as defined in G.S. 159‑7.
(b) Department toCoordinate Compensatory Mitigation. All compensatory mitigation required bypermits or authorizations issued by the Department or by the United States ArmyCorps of Engineers shall be coordinated by the Department consistent with thebasinwide restoration plans and rules developed by the Environmental ManagementCommission. All compensatory mitigation, whether performed by the Department orby permit applicants, shall be consistent with the basinwide restoration plans.All compensatory mitigation shall be consistent with rules adopted by theCommission for wetland and stream mitigation and for protection and maintenanceof riparian buffers.
(c) CompensatoryMitigation Emphasis on Replacing Ecological Function Within Same River Basin. The emphasis of compensatory mitigation is on replacing functions within thesame river basin unless it is demonstrated that restoration of other areaswould be more beneficial to the overall purposes of the Ecosystem EnhancementProgram.
(d) CompensatoryMitigation Options Available to Government Entities. A government entity maysatisfy compensatory mitigation requirements by the following actions, if thoseactions are consistent with the basinwide restoration plans and also meet orexceed the requirements of the Department or of the United States Army Corps ofEngineers, as applicable:
(1) Payment of a feeestablished by the Commission into the Ecosystem Restoration Fund established inG.S. 143‑214.12.
(2) Donation of land tothe Ecosystem Enhancement Program or to other public or private nonprofitconservation organizations as approved by the Department.
(3) Participation in acompensatory mitigation bank that has been approved by the United States ArmyCorps of Engineers, provided that the Department or the United States ArmyCorps of Engineers, as applicable, approves the use of such bank for therequired compensatory mitigation.
(4) Preparing andimplementing a compensatory mitigation plan.
(d1) CompensatoryMitigation Options Available to Applicants Other than Government Entities. Anapplicant other than a government entity may satisfy compensatory mitigationrequirements by the following actions, if those actions meet or exceed therequirements of the United States Army Corps of Engineers:
(1) Participation in acompensatory mitigation bank that has been approved by the United States ArmyCorps of Engineers, provided that the Department or the United States ArmyCorps of Engineers, as applicable, approves the use of such bank for therequired compensatory mitigation. This option is only available in a hydrologicarea where there is at least one compensatory mitigation bank that has beenapproved by the United States Army Corps of Engineers.
(2) Payment of a feeestablished by the Commission into the Ecosystem Restoration Fund establishedin G.S. 143‑214.12. This option is only available to an applicant whodemonstrates that the option under subdivision (1) of this subsection is notavailable.
(3) Donation of land tothe Ecosystem Enhancement Program or to other public or private nonprofitconservation organizations as approved by the Department.
(4) Preparing andimplementing a compensatory mitigation plan.
(e) Payment Schedule. A standardized schedule of compensatory mitigation payment amounts shall beestablished by the Commission. Compensatory mitigation payments shall be madeby applicants to the Ecosystem Restoration Fund established in G.S. 143‑214.12.The monetary payment shall be based on the ecological functions and values ofwetlands and streams permitted to be lost and on the cost of restoring orcreating wetlands and streams capable of performing the same or similarfunctions, including directly related costs of wetland and stream restorationplanning, long‑term monitoring, and maintenance of restored areas.Compensatory mitigation payments for wetlands shall be calculated on a per acrebasis. Compensatory mitigation payments for streams shall be calculated on aper linear foot basis.
(f) Mitigation Banks. State agencies and mitigation banks shall demonstrate that adequate,dedicated financial surety exists to provide for the perpetual land managementand hydrological maintenance of lands acquired by the State as mitigationbanks, or proposed to the State as privately operated and permitted mitigationbanks.
(g) Payment for Taxes. A State agency acquiring land to restore, enhance, preserve, or createwetlands must also pay a sum in lieu of ad valorem taxes lost by the county inaccordance with G.S. 146‑22.3. (1996, 2nd Ex. Sess., c. 18, s. 27.4(a); 1997‑443,s. 11A.119(a); 2004‑188, s. 2; 2005‑386, s. 3.4; 2008‑152, s.1; 2009‑337, s. 1.)
(a) Definitions. Thefollowing definitions apply to this section:
(1) "Compensatorymitigation" means the restoration, creation, enhancement, or preservationof jurisdictional waters required as a condition of a permit issued by theDepartment or by the United States Army Corps of Engineers.
(2) "Governmententity" means the State and its agencies and subdivisions, the federalgovernment, and units of local government.
(3) "Hydrologic area"means an eight‑digit Cataloging Unit designated by the United StatesGeological Survey.
(4) "Jurisdictionalwaters" means wetlands, streams, or other waters of the State or of theUnited States.
(5) "Unit of localgovernment" means a "local government," "publicauthority," or "special district" as defined in G.S. 159‑7.
(b) Department toCoordinate Compensatory Mitigation. All compensatory mitigation required bypermits or authorizations issued by the Department or by the United States ArmyCorps of Engineers shall be coordinated by the Department consistent with thebasinwide restoration plans and rules developed by the Environmental ManagementCommission. All compensatory mitigation, whether performed by the Department orby permit applicants, shall be consistent with the basinwide restoration plans.All compensatory mitigation shall be consistent with rules adopted by theCommission for wetland and stream mitigation and for protection and maintenanceof riparian buffers.
(c) CompensatoryMitigation Emphasis on Replacing Ecological Function Within Same River Basin. The emphasis of compensatory mitigation is on replacing functions within thesame river basin unless it is demonstrated that restoration of other areaswould be more beneficial to the overall purposes of the Ecosystem EnhancementProgram.
(d) CompensatoryMitigation Options Available to Government Entities. A government entity maysatisfy compensatory mitigation requirements by the following actions, if thoseactions are consistent with the basinwide restoration plans and also meet orexceed the requirements of the Department or of the United States Army Corps ofEngineers, as applicable:
(1) Payment of a feeestablished by the Commission into the Ecosystem Restoration Fund established inG.S. 143‑214.12.
(2) Donation of land tothe Ecosystem Enhancement Program or to other public or private nonprofitconservation organizations as approved by the Department.
(3) Participation in acompensatory mitigation bank that has been approved by the United States ArmyCorps of Engineers, provided that the Department or the United States ArmyCorps of Engineers, as applicable, approves the use of such bank for therequired compensatory mitigation.
(4) Preparing andimplementing a compensatory mitigation plan.
(d1) CompensatoryMitigation Options Available to Applicants Other than Government Entities. Anapplicant other than a government entity may satisfy compensatory mitigationrequirements by the following actions, if those actions meet or exceed therequirements of the United States Army Corps of Engineers:
(1) Participation in acompensatory mitigation bank that has been approved by the United States ArmyCorps of Engineers, provided that the Department or the United States ArmyCorps of Engineers, as applicable, approves the use of such bank for therequired compensatory mitigation. This option is only available in a hydrologicarea where there is at least one compensatory mitigation bank that has beenapproved by the United States Army Corps of Engineers.
(2) Payment of a feeestablished by the Commission into the Ecosystem Restoration Fund establishedin G.S. 143‑214.12. This option is only available to an applicant whodemonstrates that the option under subdivision (1) of this subsection is notavailable.
(3) Donation of land tothe Ecosystem Enhancement Program or to other public or private nonprofitconservation organizations as approved by the Department.
(4) Preparing andimplementing a compensatory mitigation plan.
(e) Payment Schedule. A standardized schedule of compensatory mitigation payment amounts shall beestablished by the Commission. Compensatory mitigation payments shall be madeby applicants to the Ecosystem Restoration Fund established in G.S. 143‑214.12.The monetary payment shall be based on the ecological functions and values ofwetlands and streams permitted to be lost and on the cost of restoring orcreating wetlands and streams capable of performing the same or similarfunctions, including directly related costs of wetland and stream restorationplanning, long‑term monitoring, and maintenance of restored areas.Compensatory mitigation payments for wetlands shall be calculated on a per acrebasis. Compensatory mitigation payments for streams shall be calculated on aper linear foot basis.
(f) Mitigation Banks. State agencies and mitigation banks shall demonstrate that adequate,dedicated financial surety exists to provide for the perpetual land managementand hydrological maintenance of lands acquired by the State as mitigationbanks, or proposed to the State as privately operated and permitted mitigationbanks.
(g) Payment for Taxes. A State agency acquiring land to restore, enhance, preserve, or createwetlands must also pay a sum in lieu of ad valorem taxes lost by the county inaccordance with G.S. 146‑22.3. (1996, 2nd Ex. Sess., c. 18, s. 27.4(a); 1997‑443,s. 11A.119(a); 2004‑188, s. 2; 2005‑386, s. 3.4; 2008‑152, s.1; 2009‑337, s. 1.)
