Ohio Code § 6111.025

§ 6111.025.

(A) The department of natural resources, the division of wildlife in that department,

or any other division in that department that is designated by the director of natural

resources may establish and operate a wetland mitigation bank for purposes of sections 6111.02 to 6111.027 of the Revised Code .  A mitigation bank so established may be used by any individual or entity, including

any agency or department of the state, for mitigation purposes under those sections.  Nothing in this division precludes any other private or public entity from developing

a mitigation bank, provided that it is approved by the director of environmental protection

under division (C) of this section. (B) The environmental protection agency, the department of natural resources, the division

of wildlife in that department, or any other division in that department that is designated

by the director of natural resources may establish and operate an in-lieu fee mitigation

program for purposes of sections 6111.02 to 6111.027 of the Revised Code .  An in-lieu fee mitigation program so established may be used by any individual or

entity, including any agency or department of the state, for mitigation purposes under

those sections. Nothing in this division precludes any other private or public entity from developing

an in-lieu fee mitigation program, provided that it is approved by the director of

environmental protection under division (C) of this section. (C) The director of environmental protection in consultation with the director of natural

resources shall approve and publish a list of approved wetland mitigation banks and

in-lieu fee mitigation programs that shall be used by applicants for state isolated

wetland permits for mitigation purposes.  In establishing the approved list, the director of environmental protection shall

give preference to wetland mitigation banks that are comprised of areas involving

the restoration of previously existing wetlands.  Applicants for isolated wetland permits shall not use mitigation from a mitigation

bank or an in-lieu fee mitigation program that has not been approved under this section. (D) The director of environmental protection annually shall issue a report to the members

of the general assembly on the total number of acres of wetlands and lineal feet of

stream that were subject to filling during the immediately preceding fiscal year.  The report also shall include the total number of acres of wetlands that were restored,

created, enhanced, or preserved through compensatory mitigation that same year as

a result of state isolated wetland permits issued under sections 6111.02 to 6111.027 of the Revised Code and the state section 401 water quality certification program administered under section 6111.30 of the Revised Code . (E) Any wetland category determined through the use of the appropriate Ohio rapid assessment

method and verified by the environmental protection agency for purposes of an isolated

wetlands permit issued under sections 6111.02 to 6111.027 of the Revised Code is valid for a period of five years following verification.