TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 95

COMPENSATORY MITIGATION FOR IMPACTS TO WETLANDS

67-9501.  LEGISLATIVE FINDINGS AND PURPOSE. (1) The purpose of this chapter is to promote the availability of all types of compensatory mitigation projects in the state of Idaho, consistent with the provisions of section 404 of the federal clean water act and the regulations promulgated pursuant to it, for the development of projects with unavoidable impacts to wetlands.

(2)  In 2008, the United States army corps of engineers and the environmental protection agency issued revised regulations governing compensatory mitigation for impacts to wetlands under section 404 of the federal clean water act, which are contained at 33 CFR parts 325 and 332 and 40 CFR part 230 and referred to as the 2008 compensatory mitigation for losses of aquatic resources rule. These regulations establish equivalent and effective standards for all three (3) types of compensatory mitigation projects: mitigation banks, in-lieu fee mitigation, and permittee-responsible mitigation.

(3)  State agencies may review or permit activities associated with applications for United States army corps of engineers section 404 permits and the corps’ determinations regarding compensatory mitigation under the mitigation rule.

History:

[(67-9501) 67-9301, added 2019, ch. 206, sec. 1, p. 633; am. and redesig. 2020, ch. 82, sec. 39, p. 213.]