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To enact sections 3745.113, 6111.02, 6111.021, | 1 |
6111.022, 6111.023, 6111.024, 6111.025, 6111.026, | 2 |
6111.027, 6111.028, and 6111.029 of the Revised | 3 |
Code to require the issuance of permits for impacts | 4 |
to isolated wetlands and to declare an emergency. | 5 |
Section 1. That sections 3745.113, 6111.02, 6111.021, | 6 |
6111.022, 6111.023, 6111.024, 6111.025, 6111.026, 6111.027, | 7 |
6111.028, and 6111.029 of the Revised Code be enacted to read as | 8 |
follows: | 9 |
Sec. 3745.113. (A) A person that applies for a state | 10 |
isolated wetland permit under Chapter 6111. of the Revised Code | 11 |
and rules adopted under it shall pay an application fee of two | 12 |
hundred dollars at the time of application. | 13 |
In addition, that person shall pay, at the time of | 14 |
application, a review fee of five hundred dollars per acre of the | 15 |
wetlands to be impacted. | 16 |
However, the review fee shall not exceed five thousand | 17 |
dollars per application. In addition, if an application is | 18 |
denied, the director of environmental protection shall refund to | 19 |
the applicant one-half of the amount of the review fee paid by the | 20 |
applicant under division (A) of this section. | 21 |
(B) If a person conducts any activities for which an | 22 |
individual state isolated wetland permit is required under Chapter | 23 |
6111. of the Revised Code and rules adopted under it without first | 24 |
obtaining such a permit, the person shall pay twice the amount of | 25 |
the application and review fees that the person otherwise would | 26 |
have been required to pay under division (A) of this section, not | 27 |
to exceed ten thousand dollars. | 28 |
(C) All moneys collected under this section shall be | 29 |
deposited in the state treasury to the credit of the dredge and | 30 |
fill fund created in section 6111.029 of the Revised Code. | 31 |
(D) Fees established under this section shall not apply to | 32 |
any agency or department of the state or to any county, township, | 33 |
or municipal corporation in this state. | 34 |
Sec. 6111.02. As used in this section and sections 6111.021 | 35 |
to 6111.028 of the Revised Code: | 36 |
(A) "Category 1 wetland," "category 2 wetland," or "category | 37 |
3 wetland" means a category 1 wetland, category 2 wetland, or | 38 |
category 3 wetland, respectively, as described in rule 3745-1-54 | 39 |
of the Administrative Code, as that rule existed on the effective | 40 |
date of this section, and as determined to be a category 1, | 41 |
category 2, or category 3 wetland, respectively, through | 42 |
application of the "Ohio rapid assessment method for wetlands | 43 |
version 5.0," including the Ohio rapid assessment method for | 44 |
wetlands version 5.0 quantitative score calibration dated August | 45 |
15, 2000, unless an application for a section 401 water quality | 46 |
certification was submitted prior to February 28, 2001, in which | 47 |
case the applicant for the permit may elect to proceed in | 48 |
accordance with Ohio rapid assessment method for wetlands version | 49 |
4.1. | 50 |
(B) "Creation" means the establishment of a wetland where one | 51 |
did not formerly exist and that involves wetland construction on | 52 |
nonhydric soils. | 53 |
(C) "Enhancement" means activities conducted in an existing | 54 |
wetland to improve or repair existing or natural wetland functions | 55 |
and values of that wetland. | 56 |
(D) "Fill material" means any material that is used to | 57 |
fill an aquatic area, to replace an aquatic area with dry land, or | 58 |
to change the bottom elevation of a wetland for any purpose. "Fill | 59 |
material" does not include either of the following: | 60 |
(1) Material resulting from normal farming, silviculture, | 61 |
and ranching activities, such as plowing, cultivating, seeding, | 62 |
and harvesting, for the production of food, fiber, and forest | 63 |
products; | 64 |
(2) Material placed for the purpose of maintenance of | 65 |
existing structures, including emergency reconstruction of | 66 |
recently damaged parts of currently serviceable structures such as | 67 |
dikes, dams, levees, groins, riprap, breakwaters, causeways, and | 68 |
bridge abutments or approaches, and transportation structures. | 69 |
(E) "Filling" means the addition of fill material into a | 70 |
wetland for the purpose of creating upland, changing the bottom | 71 |
elevation of the wetland, or creating impoundments of water. | 72 |
"Filling" includes, without limitation, the placement of the | 73 |
following in wetlands: fill material that is necessary for the | 74 |
construction of any structure; structures or impoundments | 75 |
requiring rock, sand, dirt, or other material for its | 76 |
construction; site-development fills for recreational, industrial, | 77 |
commercial, residential, or other uses; causeways or road fills; | 78 |
dams and dikes; artificial islands, property protection, or | 79 |
reclamation devices such as riprap, groins, seawalls, breakwalls, | 80 |
and bulkheads and fills; beach nourishment; levees; sanitary | 81 |
landfills; fill material for structures such as sewage treatment | 82 |
facilities, intake and outfall pipes associated with power plants, | 83 |
and underwater utility lines; and artificial reefs. | 84 |
(F) "Isolated wetland" means a wetland that is not subject | 85 |
to regulation under the Federal Water Pollution Control Act. | 86 |
(G) "Mitigation" means the restoration, creation, | 87 |
enhancement, or, in exceptional circumstances, preservation of | 88 |
wetlands expressly for the purpose of compensating for wetland | 89 |
impacts. | 90 |
(H) "Mitigation bank service area" means the designated area | 91 |
where a mitigation bank can reasonably be expected to provide | 92 |
appropriate compensation for impacts to wetlands and other aquatic | 93 |
resources and that is designated as such in accordance with the | 94 |
process established in the "Federal Guidance for the | 95 |
Establishment, Use and Operation of Mitigation Banks (1995)," 60 | 96 |
FR 58605. | 97 |
(I) "Off-site mitigation" means wetland restoration, | 98 |
creation, enhancement, or preservation occurring farther than one | 99 |
mile from a project boundary, but within the same watershed. | 100 |
(J) "On-site mitigation" means wetland restoration, | 101 |
creation, enhancement, or preservation occurring within and not | 102 |
more than one mile from the project boundary and within the same | 103 |
watershed. | 104 |
(K) "Practicable" means available and capable of being | 105 |
executed with existing technology and without significant adverse | 106 |
effect on the economic feasibility of the project in light of the | 107 |
overall project purposes and in consideration of the relative | 108 |
environmental benefit. | 109 |
(L) "Preservation" means the protection of ecologically | 110 |
important wetlands in perpetuity through the implementation of | 111 |
appropriate legal mechanisms to prevent harm to the wetlands. | 112 |
"Preservation" may include protection of adjacent upland areas as | 113 |
necessary to ensure protection of a wetland. | 114 |
(M) "Restoration" means the reestablishment of a previously | 115 |
existing wetland at a site where it has ceased to exist. | 116 |
(N) "State isolated wetland permit" means a permit issued in | 117 |
accordance with sections 6111.02 to 6111.027 of the Revised Code | 118 |
authorizing the filling of an isolated wetland. | 119 |
(O) "Watershed" means a common surface drainage area | 120 |
corresponding to one from the list of thirty-seven adapted from | 121 |
the forty-four cataloging units as depicted on the hydrologic unit | 122 |
map of Ohio, United States geological survey, 1988, and as | 123 |
described in division (F)(2) of rule 3745-1-54 of the | 124 |
Administrative Code or as otherwise shown on map number 1 found in | 125 |
rule 3745-1-54 of the Administrative Code. "Watershed" is limited | 126 |
to those parts of the cataloging units that geographically lie | 127 |
within the borders of this state. | 128 |
(P) "Wetlands" means those areas that are inundated or | 129 |
saturated by surface or ground water at a frequency and duration | 130 |
that are sufficient to support, and that under normal | 131 |
circumstances do support, a prevalence of vegetation typically | 132 |
adapted for life in saturated soil conditions. "Wetlands" includes | 133 |
swamps, marshes, bogs, and similar areas that are delineated in | 134 |
accordance with the 1987 United States army corps of engineers | 135 |
wetland delineation manual and any other procedures and | 136 |
requirements adopted by the United States army corps of engineers | 137 |
for delineating wetlands. | 138 |
(Q) "Wetland mitigation bank" means a site where wetlands | 139 |
have been restored, created, enhanced, or, in exceptional | 140 |
circumstances, preserved expressly for the purpose of providing | 141 |
mitigation for impacts to wetlands and that has been approved in | 142 |
accordance with the process established in the "Federal Guidance | 143 |
for the Establishment, Use and Operation of Mitigation Banks | 144 |
(1995)," 60 FR 58605. | 145 |
Sec. 6111.021. (A)(1) The director of environmental | 146 |
protection shall issue a general state isolated wetland permit or | 147 |
permits to cover activities within this state for purposes of | 148 |
section 6111.022 of the Revised Code. A general permit is | 149 |
effective for five years. Upon the expiration of a general | 150 |
permit, the director shall issue a new general permit. | 151 |
(2) The director may issue an individual state isolated | 152 |
wetland permit for purposes of sections 6111.023 and 6111.024 of | 153 |
the Revised Code. An individual permit issued under either of | 154 |
those sections is effective for five years. | 155 |
(B) A person that proposes to engage in an activity that | 156 |
involves the filling of an isolated wetland shall apply to the | 157 |
director for coverage under a general state isolated wetland | 158 |
permit or shall apply for an individual state isolated wetland | 159 |
permit, as applicable, in accordance with sections 6111.02 to | 160 |
6111.027 of the Revised Code. No person shall engage in the | 161 |
filling of an isolated wetland unless authorized to do so by a | 162 |
general or individual state isolated wetland permit. Sections | 163 |
6111.02 to 6111.027 of the Revised Code do not apply to isolated | 164 |
wetlands created by previous coal mining activities, except for | 165 |
wetlands created for mitigation purposes. | 166 |
(C) The issuance of a general or individual state isolated | 167 |
wetland permit constitutes the issuance of a section 401 water | 168 |
quality certification for purposes of the Federal Water Pollution | 169 |
Control Act. | 170 |
Sec. 6111.022. (A) A proposed filling of a category 1 or a | 171 |
category 2 isolated wetland of one-half acre or less shall require | 172 |
a general state isolated wetland permit and be subject to level | 173 |
one review requirements established under division (B) of this | 174 |
section. | 175 |
(B) Level one review shall apply only to the filling of a | 176 |
category 1 or a category 2 isolated wetland as described in | 177 |
division (A) of this section requiring a general state isolated | 178 |
wetland permit. A level one review shall require the submission | 179 |
of a pre-activity notice that includes an application, an | 180 |
acceptable wetland delineation, a wetland categorization, a | 181 |
description of the project, a description of the acreage of the | 182 |
isolated wetland that will be subject to filling, site | 183 |
photographs, and a mitigation proposal for the impact to the | 184 |
isolated wetland. | 185 |
(C) The proposed filling of an isolated wetland that is | 186 |
subject to level one review is authorized by a general state | 187 |
isolated wetland permit unless the director of environmental | 188 |
protection notifies the applicant within thirty days after receipt | 189 |
of a pre-activity notice that the filling of the isolated wetland | 190 |
will result in a significant negative impact on state water | 191 |
quality. An applicant that receives such a notice may apply for an | 192 |
individual state isolated wetland permit in accordance with the | 193 |
procedures and requirements established under section 6111.023 of | 194 |
the Revised Code. | 195 |
(D) Required mitigation for the proposed filling of an | 196 |
isolated wetland that is subject to level one review shall be | 197 |
conducted by the applicant. Without the objection of the director | 198 |
and at the discretion of the applicant, the applicant shall | 199 |
conduct either on site mitigation, mitigation at a wetland | 200 |
mitigation bank within the same United States army corps of | 201 |
engineers district as the location of the proposed filling of the | 202 |
isolated wetland, or off-site mitigation. | 203 |
(E) A person that has submitted a pre-activity notice for | 204 |
coverage under a general state isolated wetland permit under this | 205 |
section shall complete the filling within two years after the end | 206 |
of the thirty-day period following the receipt of the pre-activity | 207 |
notice by the director. If the person does not complete the | 208 |
filling within that two-year period, the person shall submit a new | 209 |
pre-activity notice in accordance with this section. | 210 |
Sec. 6111.023. (A) A proposed filling of a category 1 | 211 |
isolated wetland of greater than one-half acre or the proposed | 212 |
filling of a category 2 isolated wetland of greater than one-half | 213 |
acre, but less than or equal to three acres shall require an | 214 |
individual state isolated wetland permit and be subject to level | 215 |
two review requirements established under division (B) of this | 216 |
section. | 217 |
(B) Level two review shall apply to the filling of a | 218 |
category 1 or a category 2 isolated wetland described in division | 219 |
(A) of this section and shall require all of the following: | 220 |
(1) All of the information required to be submitted with a | 221 |
pre-activity notice as described in division (B) of section | 222 |
6111.022 of the Revised Code; | 223 |
(2) Identification of the source of the fill material to be | 224 |
used for the filling; | 225 |
(3) The submission of an analysis of practicable on-site | 226 |
alternatives to the proposed filling of the isolated wetland that | 227 |
would have a less adverse impact on the isolated wetland | 228 |
ecosystem; | 229 |
(4) The submission of information indicating whether high | 230 |
quality waters, as defined in rule 3745-1-05 of the Administrative | 231 |
Code, are to be avoided by the proposed filling of the isolated | 232 |
wetland. | 233 |
(C) The director of environmental protection shall issue or | 234 |
deny an individual state isolated wetland permit for the proposed | 235 |
filling of an isolated wetland that is subject to level two review | 236 |
not later than ninety days after the receipt of an application for | 237 |
the permit. The director shall issue an individual state isolated | 238 |
wetland permit for the proposed filling of an isolated wetland | 239 |
that is subject to level two review unless the director determines | 240 |
that the applicant for the permit has failed to demonstrate all of | 241 |
the following: | 242 |
(1) There is no practicable on-site alternative to the | 243 |
proposed filling of the isolated wetland that would have a less | 244 |
adverse impact on the isolated wetland ecosystem. | 245 |
(2) Reasonable buffers have been provided for any isolated | 246 |
wetland that will be avoided at the site where the proposed | 247 |
filling of the isolated wetland will take place. | 248 |
(3) The isolated wetland that will be subject to filling is | 249 |
not locally or regionally scarce within the watershed in which it | 250 |
is located and does not contain rare, threatened, or endangered | 251 |
species. | 252 |
(4) The impact would not result in significant degradation | 253 |
to the aquatic ecosystem. | 254 |
(5) Appropriate mitigation has been proposed for any | 255 |
unavoidable impacts. | 256 |
(6) Storm water and water quality controls will be installed | 257 |
to ensure that peak post-development rates of surface water runoff | 258 |
from the impacted isolated wetland do not exceed the peak | 259 |
pre-development rates of runoff from the on-site isolated wetland. | 260 |
Water quality improvement measures shall be incorporated into the | 261 |
design of the storm water control measures to the maximum extent | 262 |
practicable. Examples of these measures include, but are not | 263 |
limited to, incorporating vegetated areas in a storm water control | 264 |
plan. | 265 |
(7) Any additional, practicable, site-specific requirements | 266 |
that are determined necessary by the director to protect water | 267 |
quality have been satisfied. | 268 |
(D)(1) Notwithstanding an applicant's demonstration under | 269 |
division (C) of this section, the director may deny an application | 270 |
for an individual state isolated wetland permit submitted under | 271 |
this section if the director determines that the proposed filling | 272 |
of the isolated wetland will result in an adverse short-term or | 273 |
long-term impact on water quality. | 274 |
(2) The director may impose any practicable terms and | 275 |
conditions on an individual state isolated wetland permit issued | 276 |
under this section that are appropriate or necessary to ensure | 277 |
adequate protection of state water quality and to ensure | 278 |
compliance with this chapter and rules adopted under it. | 279 |
(3) Prior to the issuance of an individual state isolated | 280 |
wetland permit under this section, or prior to, during, or after | 281 |
the filling of the isolated wetland that is the subject of the | 282 |
permit, the director may require that the applicant or permit | 283 |
holder perform various environmental quality tests, including, | 284 |
without limitation, chemical analyses of water, sediment, or fill | 285 |
material and bioassays, in order to ensure adequate protection of | 286 |
water quality. | 287 |
(E)(1) Mitigation for the proposed filling of a category 1 | 288 |
isolated wetland that is subject to level two review shall be | 289 |
conducted by the applicant. Without the objection of the director | 290 |
and at the discretion of the applicant, the applicant shall | 291 |
conduct either on site mitigation, mitigation at a wetland | 292 |
mitigation bank within the same United States army corps of | 293 |
engineers district as the location of the proposed filling of the | 294 |
isolated wetland, or off-site mitigation. | 295 |
(2) Mitigation for the proposed filling of a category 2 | 296 |
isolated wetland that is subject to level two review shall be | 297 |
conducted by the applicant and shall occur in the following | 298 |
preferred order: | 299 |
(a) Practicable on-site mitigation; | 300 |
(b) Reasonably identifiable, available, and practicable | 301 |
off-site mitigation within the same watershed; | 302 |
(c) If the proposed filling of the isolated wetland will | 303 |
take place within a mitigation bank service area, within that | 304 |
mitigation bank service area; | 305 |
(d) If there is a significant ecological reason that the | 306 |
mitigation location should not be limited to the watershed in | 307 |
which the isolated wetland is located and if the proposed | 308 |
mitigation will result in a substantially greater ecological | 309 |
benefit, in a watershed that is adjacent to the watershed in which | 310 |
the isolated wetland is located. | 311 |
Sec. 6111.024. (A) A proposed filling of a category 2 | 312 |
isolated wetland of greater than three acres or a category 3 | 313 |
isolated wetland shall require an individual state isolated | 314 |
wetland permit and be subject to level three review requirements | 315 |
established under division (B) of this section. | 316 |
(B) Level three review shall apply to the filling of a | 317 |
category 2 or a category 3 isolated wetland described in division | 318 |
(A) of this section and shall require all of the following: | 319 |
(1) All of the information required to be submitted with a | 320 |
pre-activity notice as described in division (B) of section | 321 |
6111.022 of the Revised Code; | 322 |
(2) A full antidegradation review conducted in accordance | 323 |
with rules adopted under section 6111.12 of the Revised Code; | 324 |
(3) The submission of information indicating whether high | 325 |
quality waters, as defined in rule 3745-1-05 of the Administrative | 326 |
Code, are to be avoided by the proposed filling of the isolated | 327 |
wetland. | 328 |
(C) The director of environmental protection shall issue or | 329 |
deny an individual state isolated wetland permit for the proposed | 330 |
filling of an isolated wetland that is subject to level three | 331 |
review not later than one hundred eighty days after the receipt of | 332 |
an application for the permit. The director shall not issue an | 333 |
individual state isolated wetland permit for the proposed filling | 334 |
of an isolated wetland that is subject to level three review | 335 |
unless the director determines that the applicant for the permit | 336 |
has demonstrated that the proposed filling will not prevent or | 337 |
interfere with the attainment or maintenance of applicable state | 338 |
water quality standards. | 339 |
(D)(1) Notwithstanding division (C) of this section, the | 340 |
director also may deny an application for an individual state | 341 |
isolated wetland permit submitted under this section if the | 342 |
director determines that the proposed filling of the isolated | 343 |
wetland will result in an adverse short-term or long-term impact | 344 |
on water quality. | 345 |
(2) The director may impose terms and conditions on an | 346 |
individual state isolated wetland permit issued under this section | 347 |
that are appropriate or necessary to ensure adequate protection of | 348 |
state water quality and to ensure compliance with this chapter and | 349 |
rules adopted under it. | 350 |
(3) Prior to the issuance of an individual state isolated | 351 |
wetland permit under this section, or prior to, during, or after | 352 |
the filling of the isolated wetland that is the subject of the | 353 |
permit, the director may require that the applicant or permit | 354 |
holder perform various environmental quality tests, including, | 355 |
without limitation, chemical analyses of water, sediment, or fill | 356 |
material and bioassays, in order to ensure adequate protection of | 357 |
water quality. | 358 |
(E) Mitigation for the proposed filling of a category 2 or a | 359 |
category 3 isolated wetland that is subject to level three review | 360 |
shall occur in the following preferred order: | 361 |
(1) Practicable on-site mitigation; | 362 |
(2) Reasonably identifiable, available, and practicable | 363 |
off-site mitigation within the same watershed; | 364 |
(3) If the proposed filling of the isolated wetland will | 365 |
take place within a mitigation bank service area, within that | 366 |
mitigation bank service area; | 367 |
(4) If there is a significant ecological reason that the | 368 |
mitigation location should not be limited to the watershed in | 369 |
which the isolated wetland is located and if the proposed | 370 |
mitigation will result in a substantially greater ecological | 371 |
benefit, in a watershed that is adjacent to the watershed in which | 372 |
the isolated wetland is located. | 373 |
Sec. 6111.025. (A) The director of natural resources in | 374 |
consultation with the director of environmental protection shall | 375 |
establish a list of approved wetland mitigation banks that shall | 376 |
be used by applicants for state isolated wetland permits for | 377 |
mitigation purposes and shall submit the list to the director of | 378 |
environmental protection. In establishing the list, the director | 379 |
of natural resources shall give preference to wetland mitigation | 380 |
banks that are comprised of areas involving the restoration of | 381 |
previously existing wetlands. The list established under this | 382 |
division shall not exclude state or local agencies from developing | 383 |
wetland mitigation banks. | 384 |
(B) The department of natural resources, the division of | 385 |
wildlife in that department, or any other division in that | 386 |
department that is designated by the director of natural resources | 387 |
may establish and operate a wetland mitigation bank for purposes | 388 |
of sections 6111.02 to 6111.027 of the Revised Code. A mitigation | 389 |
bank so established may be used by any individual or entity, | 390 |
including any agency or department of the state, for mitigation | 391 |
purposes under those sections. | 392 |
(C) The director of environmental protection annually shall | 393 |
issue a report to the members of the general assembly on the total | 394 |
number of acres of isolated wetlands that were subject to filling | 395 |
during the immediately preceding year as well as the total number | 396 |
of acres of isolated wetlands that were restored, created, | 397 |
enhanced, or preserved through mitigation that same year as a | 398 |
result of state isolated wetland permits issued under sections | 399 |
6111.02 to 6111.027 of the Revised Code. | 400 |
Sec. 6111.026. (A)(1) The director of environmental | 401 |
protection shall prescribe the form of the application for a | 402 |
general state isolated wetland permit and for an individual state | 403 |
isolated wetland permit. | 404 |
(2) The director shall provide an explanation to an | 405 |
applicant for an individual state isolated wetland permit of the | 406 |
basis for the proposed denial of the application. | 407 |
(B) Within fifteen business days after the receipt of an | 408 |
application for an individual state isolated wetland permit, the | 409 |
director shall notify the applicant if the application is | 410 |
complete. If the application is not complete, the director shall | 411 |
include in the notice an itemized list of the information or | 412 |
materials that are necessary to complete the application. Time | 413 |
periods specified in sections 6111.02 to 6111.027 of the Revised | 414 |
Code shall not apply until the application is determined by the | 415 |
director to be complete. If the applicant fails to provide | 416 |
information or materials that are necessary to complete the | 417 |
application within sixty days after the director's receipt of the | 418 |
application, the director may return the incomplete application to | 419 |
the applicant and take no further action on the application. | 420 |
(C) Except as provided in division (D) of this section, the | 421 |
director shall publish notice of the receipt of a complete | 422 |
application for an individual state isolated wetland permit in a | 423 |
newspaper of general circulation in the county in which the | 424 |
proposed filling of the isolated wetland that is the subject of | 425 |
the application is to take place. The director shall accept | 426 |
comments concerning the application and requests for a public | 427 |
hearing concerning the application for not more than fourteen days | 428 |
following the publication of notice concerning the application. | 429 |
If a public hearing is requested during the fourteen-day | 430 |
comment period and the director determines that there is | 431 |
significant public interest, the director or the director's | 432 |
representative shall conduct a public hearing concerning the | 433 |
application. Notice of the public hearing shall be published not | 434 |
later than thirty days prior to the date of the hearing in a | 435 |
newspaper of general circulation in the county in which the | 436 |
proposed filling of the isolated wetland that is the subject of | 437 |
the application is to take place. If a public hearing is | 438 |
requested concerning an application, the director shall accept | 439 |
comments concerning the application until five business days after | 440 |
the public hearing. A public hearing conducted under this | 441 |
division shall take place not later than seventy days after the | 442 |
receipt of the application. | 443 |
(D) Applications for individual state isolated wetland | 444 |
permits submitted under section 6111.024 of the Revised Code and | 445 |
the issuance of a general state isolated wetland permit under | 446 |
section 6111.021 of the Revised Code are subject to rules adopted | 447 |
under section 6111.12 of the Revised Code governing public notice | 448 |
and participation. | 449 |
(E) When an application for a state isolated wetland permit | 450 |
is changed, altered, or amended after a public hearing was | 451 |
conducted in accordance with division (C) or (D) of this section, | 452 |
a second hearing shall not be required for the changed, altered, | 453 |
or amended application if the scope of the proposed filling that | 454 |
is proposed by the original application has not changed or the | 455 |
proposed filling has been reduced from that proposed in the | 456 |
original application. | 457 |
Sec. 6111.027. (A) Mitigation for impacts to isolated | 458 |
wetlands under sections 6111.02 to 6111.027 shall be conducted in | 459 |
accordance with the following ratios: | 460 |
(1) For category 1 and category 2 isolated wetlands, other | 461 |
than forested category 2 isolated wetlands, mitigation located at | 462 |
an approved wetland mitigation bank shall be conducted at a rate | 463 |
of two times the size of the area of isolated wetland that is | 464 |
being impacted. | 465 |
(2) For forested category 2 isolated wetlands, mitigation | 466 |
located at an approved wetland mitigation bank shall be conducted | 467 |
at a rate of two and one-half times the size of the area of | 468 |
isolated wetland that is being impacted. | 469 |
(3) All other mitigation shall be subject to mitigation | 470 |
ratios established in division (F) of rule 3745-1-54 of the | 471 |
Administrative Code. | 472 |
(B) Mitigation that involves the enhancement or preservation | 473 |
of isolated wetlands shall be calculated and performed in | 474 |
accordance with rule 3745-1-54 of the Administrative Code. | 475 |
(C) An applicant for coverage under a general state | 476 |
isolated wetland permit or for an individual state isolated | 477 |
wetland permit under sections 6111.022 to 6111.024 of the Revised | 478 |
Code shall demonstrate that the mitigation site will be protected | 479 |
in perpetuity and that appropriate practicable management measures | 480 |
are, or will be, in place to restrict harmful activities that | 481 |
jeopardize the mitigation. | 482 |
Sec. 6111.028. (A) The discharge of dredged material into | 483 |
isolated wetlands is subject to sections 6111.021 to 6111.027 of | 484 |
the Revised Code. | 485 |
(B) As used in this section: | 486 |
(1) "Discharge of dredged material" has the same meaning as | 487 |
in 33 CFR 323.2 as effective February 16, 2001. | 488 |
(2) "Dredged material" means material that is excavated or | 489 |
dredged from isolated wetlands. "Dredged material" does not | 490 |
include material resulting from normal farming, silviculture, and | 491 |
ranching activities, such as plowing, cultivating, seeding, and | 492 |
harvesting, for production of food, fiber, and forest products. | 493 |
Sec. 6111.029. There is hereby created in the state treasury | 494 |
the dredge and fill fund consisting of moneys credited to it under | 495 |
section 3745.113 of the Revised Code. The director of | 496 |
environmental protection shall use moneys in the fund solely for | 497 |
the purpose of administering sections 6111.02 to 6111.029 of the | 498 |
Revised Code. | 499 |
Section 2. This act is hereby declared to be an emergency | 500 |
measure necessary for the immediate preservation of the public | 501 |
peace, health, and safety. The reason for such necessity is that | 502 |
the protection of isolated wetlands is of vital importance to the | 503 |
state's environment and natural resources. Therefore, this act | 504 |
shall go into immediate effect. | 505 |