2611.1 The Department may accept payment into the District Wetland and Stream Mitigation Trust Fund instead of permittee-responsible mitigation when such payment authorized in accordance with §§ 2607.18 and 2607.19.

2611.2 Payment into the District Wetland and Stream Mitigation Trust Fund shall not be a substitute for the requirement to avoid or minimize wetland or stream impacts.

2611.3 An applicant proposing to make a payment into the District Wetland and Stream Mitigation Trust Fund shall so state in the permit application.

2611.4 In order to obtain approval of a proposed payment into the District Wetland and Stream Mitigation Trust Fund for a project, an applicant shall demonstrate the technical infeasibility of permittee-responsible mitigation specified in §§ 2607.18 and 2607.19 by providing the following information:

(a) An evaluation of a minimum of four (4) potential mitigation sites;

(b) A map and description of each site rejected;

(c) A justification as to why each site was unsuitable for mitigation; and

(d) Other information as required by the Department.

2611.5 The Department may reject a proposal for payment into the District Wetland and Stream Mitigation Trust Fund if the Department determines that mitigation requirements can be fulfilled on-site or permittee-responsible mitigation is technically feasible or practicable.

2611.6 The Department may approve or disapprove a proposal for payment into the District Wetland and Stream Mitigation Trust Fund as part of a final permit.

2611.7 The payment schedule for the District Wetland and Stream Mitigation Trust Fund is included below. The applicant must calculate the cost for each mitigation component listed. The sum of the costs equals the total amount of payment due.

Mitigation Component	Cost
Land Acquisition	Land market value
Wetland or Stream Design	$25,000 per acre
Wetland or Stream Construction and Planting	$200,000 per acre

Wetland or Stream Maintenance and Monitoring for Five Years	$15,000 per year
Administrative Cost for Five Years	$8,000 per year

2611.8 Land market value costs must be included for either the project site or a similar site that would be suitable for a mitigation project.

(a) Land market value costs shall be calculated using a unit price per square foot based on the area of mitigation required and the District Office of Tax and Revenue property tax assessment value of the project site or a suitable mitigation site.

(b) An applicant proposing a suitable mitigation site other than the project site must demonstrate that the proposed site:

(1) Is possible for the District to acquire;

(2) Does not include federal land; and

(3) Contains conditions favorable for wetland creation or stream restoration. Examples of sites that contain conditions favorable for wetland creation or stream restoration include undeveloped land within a floodplain or sites that have existing degraded wetlands or streams that could be realistically restored.

2611.9 The Department shall adjust the fees in this section for inflation annually, using the Urban Consumer Price Index published by the United States Bureau of Labor Statistics. To perform this adjustment, the Department shall increase each fee by the percentage, if any, by which the Urban Consumer Price Index for June of the calendar year exceeds the Urban Consumer Price Index for June of the previous year. Each inflation adjustment shall be posted to the Department's website.

2611.10 The applicant shall use the mitigation ratios in §§ 2607.14 and 2607.15 to calculate the total mitigation fees based on the ratio of impacted stream or wetland area.

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021).