GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 991

Short Title:  Wetlands Program/Mitigation Bank.	(Public)

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Sponsors: Senators Rand and Perdue.

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Referred to:  Agriculture/Environment/Natural Resources

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May 4, 1995

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH THE WETLANDS RESTORATION, ENHANCEMENT, AND PROTECTION PROGRAM, TO ESTABLISH A WETLANDS MITIGATION BANK, AND TO PROVIDE THAT A MITIGATION FEE MAY BE PAID INTO THE WETLANDS MITIGATION BANK IN LIEU OF OTHER MITIGATION MEASURES.
The General Assembly of North Carolina enacts:
Section 1.  Article 21 of Chapter 143 of the General Statutes is amended by adding a new section to read:
"§ 143-214.8.  Wetlands Restoration, Enhancement, and Protection Program.
(a)	Policy, Purpose, and Intent. – The Commission shall develop a wetlands restoration, enhancement, and protection program.  The program shall be a statewide program for the restoration, enhancement, and creation of wetland resources that contribute to the protection and improvement of water quality, flood prevention, fisheries, wildlife habitat, and recreational opportunities.  The purpose of the program is to restore wetland functions and values across the State to replace critical functions lost through historic wetland conversion and through current and future permitted fill.  The implementation of this program shall include a statewide plan for wetland restoration to be developed by the Commission within the context of the basinwide planning initiatives, with the goal of protecting and enhancing water quality, flood prevention, fisheries, wildlife habitat, and recreational opportunities within each river basin in the State.  Further, it is the intent that this program be implemented to streamline the wetland permitting process, minimize delays in permit decisions, decrease the burden of permit applicants of planning and performing compensatory mitigation for wetland losses, and increase the ecological effectiveness of compensatory mitigations.
(b)	Mitigation Banking Program. – There is established within the Department a wetland mitigation bank.  The wetland mitigation bank is part of the Wetlands Restoration, Enhancement, and Protection Program.  The purpose of the mitigation bank is to replace wetland acres, functions, and values that are lost through activities permitted under wetland regulatory programs.  The emphasis of mitigation is on replacing functions within the same river basin or smaller watershed in which the functions are lost.
(c)	Wetland Restoration Fund. – The Wetland Restoration Fund is established as a nonreverting fund within the Department.  Fees collected under this section shall be credited to the Fund and shall be used to defray the expenses of planning, designing, and implementing wetland and riparian area restoration and mitigation banking activities under the section.  No funds shall be expended from this fund for any purpose other than those directly contributing to the enhancement, restoration, or creation of wetland functions and values on sites previously identified as having high potential for these purposes.
(d)	Wetland Mitigation Fees. – The Department may accept monetary payment into the Wetland Restoration Fund in lieu of other compensatory mitigation requirements for wetland permits. The Department may accept payment into the Fund on a case by case method, if the Department, after careful analysis determines that the fees paid into the Fund are sufficient to ensure the successful restoration and maintenance of wetland acres, function, and values sufficient to offset the loss of wetlands that will result if the permit being applied for is granted.
The fee shall be based on the per acre cost of restoring or creating a wetland capable of performing the same or similar functions in the same river basin as the permitted wetland loss, including the overhead costs that are associated with wetland restoration planning and administration of the program, and the long-term monitoring and maintenance of the restored area."
Sec. 2.  This act becomes effective July 1, 1995.