Ind. Admin. Code tit. 312, r. 9.5-3-2 – Department evaluation of in-lieu fee request

Sec. 2. (a) The department shall review a request for an in-lieu fee based on the following:

(1) The size and location of a project.
(2) Steps the permit applicant proposes to avoid and minimize or offset impacts to fish, wildlife, or botanical resources.
(3) Quality or rareness of habitat to be impacted.
(4) The level of impact to fish, wildlife, or botanical resources.
(5) The fee is an amount approved by the commission.

(b) The department shall not approve in-lieu fee mitigation if any of the following applies:

(1) At the project site, an endangered, threatened, or rare species exists that is listed in the "Roster of Indiana Animals, Insects, and Plants that are Extirpated, Endangered, Threatened, or Rare (also described as Special Concern)", Information Bulletin #2 published in the Indiana Register at DIN: 20220202-IR-312220017NRA.
(2) A rare natural community in the region would be adversely affected.
(3) The project site has a floristic quality assessment score of at least:
1. (A) thirty-five (35); or
2. (B) a mean C-value of three and one-half (3 1/2).
(4) Use of in-lieu fee mitigation is denied by a federal agency or by another state agency for the same project.
(5) The director determines successful mitigation is not feasible as a result of the financial impact or the location of the project.

(Natural Resources Commission; 312 IAC 9.5-3-2; filed Aug 22, 2014, 11:01 a.m.: 20140917-IR-312130528FRA; readopted filed Sep 16, 2020, 8:16 a.m.: 20201014-IR-312200410RFA; errata filed Mar 11, 2021, 11:55 a.m.: 20210317-IR-312210113ACA; errata filed Oct 31, 2022, 2:35 p.m.: 20221109-IR-312220332ACA)