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Permit Handbook -> Wetland Permits -> Wetland Mitigation Bank Certification

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Wetland Mitigation Bank Certification

What is the Purpose of this Certification?

The Wetlands Mitigation Banking Act, Chapter 90.84 RCW, declares it the policy of Washington State to support wetland mitigation banking. The Act identifies wetland mitigation banking (banks) as an important regulatory tool for providing compensatory mitigation for unavoidable impacts to wetlands. WAC 173-700 encourages wetland mitigation banking by providing an efficient, predictable statewide framework for the certification and operation of environmentally healthy banks.

This Certification is one of several permits required for a wetland mitigation bank sponsor to construct and operate a bank in the State of Washington.

Who issues this Certification?

Department of Ecology

What Activities Require this Certification?

Establishment and operation of a wetland mitigation bank. A wetland mitigation bank is a site where wetlands are restored, created, enhanced, or preserved.

How Much Will this Certification Cost?

Ecology has cost reimbursement agreements for the processing of this Certification. Applicants are required to establish a cost reimbursement account before Ecology reviews the application.

Where Can I Get the Application for this Certification?

The application which is called 'Wetland Mitigation Bank Prospectus', is online and can be downloaded at http://www.ecy.wa.gov/programs/sea/wetlands/mitigation/banking/guidance.html.

Do I Need to Include Anything with my Application?

Requirements for submittal of a prospectus are contained in WAC 173-700-211. Ecology created a "Prospectus Submittal Procedures and Checklist" information page, which is available at: http://www.ecy.wa.gov/programs/sea/wetlands/mitigation/banking/guidance.html.

Is the Decision on my Certification Dependent on Anything Besides the Information in my Application?

Submittal of a prospectus is the first step in the review process. The second step involves the development of a draft mitigation bank instrument. Agency acceptance of a Mitigation Bank Instrument (MBI) results in Certification issuance. The details of what is required in an MBI are included in WAC 173-700-222. Ecology has created a "Mitigation Bank Instrument Submittal Procedures and Checklist" information page, which is available at: http://www.ecy.wa.gov/programs/sea/wetlands/mitigation/banking/pdf/instrument-submittal.pdf.

How Long Will it Take to Review my Application?
Certifications have a minimum review time of one year. Many projects need two years to complete certification. Additional review time depends on how complicated the proposed activities are. Contact Ecology for additional information.
Where do I Submit my Application?

Department of Ecology
Shorelands and Environmental Assistance Program
P.O. Box 47600
Olympia, WA 98504-7600

How Long is my Certification Valid?

Through the construction and operational life of the project.

What is the Appeal Process for the Certification?

The appeal process for Wetland Mitigation Bank Certifications is outlined in WAC 173-700-800. Appeals must be made within 30 days to the Pollution Control Hearings Board.

Notes / Comments:
Additional permits for wetland mitigation banks may be required from local, state, and federal agencies. These permits include, but are not limited to:

Local Jurisdiction:
Floodplain Development Permit; Shoreline Substantial Development, Variance, or Conditional Use Permit; Growth Management Critical Areas Ordinance Requirements.

State Jurisdiction:
Aquatic Use Authorization; Hydraulic Project Approval; Section 401 Water Quality Certification; Coastal Zone Consistency Determination; Noxious Aquatic and Emergent Weed Transport Permit.

Federal Jurisdiction:
Section 404 Permit.
Legal Authority:
Links:
Statewide Contact:
Department of Ecology
Headquarters
300 Desmond Drive
PO Box 47600
Olympia, WA  98504-7600
Telephone: (360) 407-6000
Website: http://www.ecy.wa.gov/

* Permit information last updated 12/12/2012.

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