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

Appendix EAppendix EState Wetland Mitigation Banking Programs – Narrative DescriptionsThe research for this section was conducted as partof a grant from the U.S. Environmental ProtectionAgency. The research was carried out in phases overa four year period. ELI analyzed seven “core” componentsof state wetland programs: state laws, regulations,and programs; monitoring and assessment;restoration programs and activities; water qualitystandards; public-private partnerships; coordinationamong state and federal agencies; and education andoutreach activities. Each state summary was reviewedby at least one state wetland program manger in therelevant state. The phase during which the states’ programswere reviewed is identified in a parentheticalreference following the state name. The four phasescorrespond to the following time periods during whichthe research was carried out: Phase I - 11/03-11/04;Phase II - 03/05-03/06; Phase III - 10/05-12/06; andPhase IV - 11/06-8/07.Alabama (Phase III)With the exception of a few basic regulatory requirementsfor mitigation of coastal area wetland impactsunder the state’s coastal program, Alabama has notadopted legislation, regulations, or guidelines oncompensatory mitigation for wetlands and generallydefers to the Corps for wetland-related jurisdictionaland mitigation issues. State regulations do requirethat “[m]itigation for wetland impacts resulting froman approved project shall involve the creation of wetlandsor the restoration and enhancement of existingdegraded wetlands; [and] [p]rior to permitting or certificationof a use for which mitigation is required, theapplicant shall submit to the Department for reviewand approval a mitigation plan…” 1Although Alabama has no formal guidelines onmitigation banking, both the Alabama Departmentof Conservation and Natural Resources (ADCNR)and the Alabama Department of EnvironmentalManagement (ADEM) have participated in MBRTs incoordination with Army Corps of Engineers Mobileand Nashville Districts. 21 Ala. Admin. Code r. 335-8- 2-.03, (1994).2 Personal communication with Phillip Hinesley, AlabamaDepartment of Conservation and Natural Resources (Jan. 11,2006); and personal communication with Leslie Turney, AlabamaDepartment of Environmental Management (Jan. 17, 2006).Alaska (Phase IV)Alaska has not adopted legislation, regulations, orpolicies on wetland mitigation banking. 3 A MitigationBanking Review Team (MRBT) operates in thestate, and the Alaska Department of EnvironmentalConservation is a member. 4Arizona (Phase I)The state of Arizona has no legislation, regulations,or policies that concern compensatory mitigation forpermitted impacts to wetlands or streams, nor doesthe state participate on a Mitigation Banking ReviewTeam.Arkansas (Phase I)The Arkansas Wetland Mitigation Bank Program wasestablished in 1995 under the Arkansas WetlandMitigation Bank Act. 5 The Act was designed to supportwetland protection, improve cooperative efforts in therestoration and management of wetlands, and encouragea predictable, efficient regulatory frameworkfor environmentally acceptable mitigation. 6 Underthe program, the state acquires degraded wetlands,restores wetland functions, and then sells creditsto §404 permittees required to provide compensatorymitigation for approved wetland projects. TheArkansas Wetlands Mitigation Bank is administered bythe Arkansas Soil and Water Conservation Commission(ASWCC). State law also established a WetlandsTechnical Advisory Committee to oversee administrationof the program. 7ASWCC plans to establish a bank in each of thestate’s four ecoregions. One bank has been establishedin southeastern Arkansas and the state’s otherthree ecoregions are currently being surveyed forbank sites. 8 The ASWCC follows federal guidance for3 Personal Communication with Mel Langdon, Alaska Dep’t of EnvtlConservation (Jan. 26, 2007)4 Id.5 Arkansas Wetland Mitigation Bank Act, ARK. CODE ANN. §§ 15-22-1001.6 Id.7 ARK. CODE ANN. § 15-22-1003.8 Personal Communication with Ken Brazil and Kenneth Colbert,Arkansas Soil and Water Conservation Commission (Feb. 25, 2004).Design of U.S. Habitat Banking Systems to Support the Conservation of Wildlife Habitat and At-Risk Species 83