[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules and federal statutory provisions referenced in this rule, see rules 3745-1-03 and 3745-1-50 of the Administrative Code.]
[Comment: For definitions of terms used in this rule, see rules 3745-1-02 and 3745-1-50 of the Administrative Code.]
[Comment: Social considerations may include, but are not limited to, public safety.]
[Comment: Additional information on the public need demonstration can be found on pages 6 to 7 of the ORAM manual, as cited in rule 3745-1-50 of the Administrative Code.]
Table E-1
Category of wetland impacted | Wetland type | Minimum mitigation ratio | Wetland replacement category |
1 | Non-forested | 1.5: 1 | 2 or 3 |
Forested | 1.5: 1 | ||
2 | Non-forested | 2.0: 1 | 2 or 3 |
Forested | 2.5: 1 | ||
3 | Non-forested | 2.5: 1 | 3 |
Forested | 3.0: 1 |
E = [(LMR - 1) × 2] × N, where:
E = minimum number of acres of wetlands required to be enhanced.
LMR = left side of mitigation ratio, from the wetland mitigation table E-1 of this rule.
N = number of acres of impacted wetlands.
For example, if the required mitigation ratio for compensatory mitigation of a category 3 forested wetland is 3:1 for an impact to two acres of wetland, an acceptable mitigation plan may include at least two acres of reestablished (restored) or established (created) wetlands and at least eight acres of rehabilitated (enhanced) wetlands.
P = [(LMR - 1) × 2] × N, where:
P = minimum number of acres of wetlands required to be preserved.
LMR = left side of mitigation ratio, from wetland mitigation table E-1 of this rule.
N = number of acres of impacted wetlands.
For example, if the required mitigation ratio for compensatory mitigation of a category 3 forested wetland is 3:1 for an impact to two acres of wetland, an acceptable compensatory mitigation plan may include at least two acres of reestablished (restored) wetlands and at least eight acres of preserved wetlands.
Replaces: 3745-1-54
Ohio Admin. Code 3745-1-54
Five Year Review (FYR) Dates: 02/23/2023
Promulgated Under: 119.03
Statutory Authority: 6111.041, 6111.12, 6111.30
Rule Amplifies: 6111.041, 6111.12, 6111.30
Prior Effective Dates: 5/1/1998, 10/17/2003