(a) An area subject to preservation may incorporate a jurisdictional area provided:
- (1) The aquatic resource buffer partly or entirely surrounds the jurisdictional area or at least surrounds those undeveloped upland portions on the preservation parcel; and
- (2) Uplands comprise 50% or more of the minimum total compensatory mitigation area required under Env-Wt 803.08.
- (b) Jurisdictional areas on the same site as the project that are left undisturbed as part of meeting the avoidance and minimization requirements shall not be considered preservation.
Source. #8062, eff 3-13-04; ss by #8341, eff 4-25-05; ss by #8911, eff 6-20-07; ss by #11000, eff 2-1-16; ss by #12808, eff 12-15-19 (See Revision Note #2 at chapter heading for Env-Wt 800)