Design of US Habitat Banking Systems to Support the Conservation ...

WETLAND AND CONSERVATION BANKING IN DETAILcurrently implemented through a pilot program thatwas authorized in 2004. 40 Washington currently hasfour approved banks, four banks pending approval, oneapproved and active umbrella banking agreement, andthree pending umbrella banking agreements. 41FIGURE 2. Mitigation Banking Trends: The number of mitigation banks in the UnitedStates that were active, sold-out, or pending approval in 1992, 2001, and 2005wetland mitigation banks and approved mitigationcredits. 36 As of 2005, Michigan DEQ had approvedthree wetland mitigation banks and two umbrellabanking agreements. 37Wetland Mitigation Banking in Washington StateIn 1998, the Washington State legislature passed awetland mitigation banking statute directing theWashington State Department of Ecology (Ecology)to develop a mitigation bank certification program. 38Ecology established an 18-member advisory group todevelop regulations to implement the statute. A proposedrule was published in 2001, but was withdrawndue to funding shortfalls. The draft rule includedmany of the same requirements as the federal program,although it would allow local jurisdictions toco-chair MBRTs and veto certification if they do notconcur with Ecology’s certification. 39 The statute is36 12 Mich. Admin. Code R. §281.958.37 2005 Status Report (2006).38 Wash. Rev. Code Ann. §§90.84.005 - .070, 47.12.330 - .360.39 Thomas, Roxanne. 2005. State Wetland Program Evaluation: PhaseI. Washington, DC: Environmental Law Institute.Status – number, distribution, and character ofbanksIn 1992, ELI documented 46 approved mitigationbanks in the country and 64 proposed banks (see Fig.2). The approved banks could be found in 18 states(see Fig. 3). At the time, only two states – Californiaand Florida – had more than five approved banks. 42 In2001, ELI documented 219 approved mitigation banksin the country. Of these, 197 were active and 22 weresold-out (see Fig. 2). 43 These banks could be found in29 states (see Fig. 3), 12 of which had more than 5approved banks. At the time, there were also 95 bankspending approval by the Corps. 44 The total number ofapproved banks represented a 376 percent increaseover the number of banks identified in 1992.By September 2005, the Corps districts reported thatthere were 405 approved mitigation banks in thecountry. Of these approved banks, 330 were active and75 were sold-out (see Fig. 2). This represented an 85percent increase in the number of approved banks infour years and a 780 percent increase in the number ofbanks in fourteen years. In 2005, there were approvedbanks in 31 states and 18 states had more than 5banks. The districts also reported an additional 169banks pending approval (see Fig. 3).40 Department of Ecology. “Wetland Mitigation Banking.” http://www.ecy.wa.gov/programs/sea/wetlands/mitigation/banking/index.html.41 2005 Status Report (2006).42 Environmental Law Institute. Wetland Mitigation Banking.Washington, D.C.: Environmental Law Institute, 1993. Appendix A.43 Environmental Law Institute. 2002. Banks and Fees: The Status ofOff-Site Wetland Mitigation in the United States. Washington, D.C.:Environmental Law Institute. p. 35. (Hereinafter Banks and Fees(2002).)44 Banks and Fees (2002).14 Environmental Law Institute