Section 312 IAC 1.5-7-2 - Compensatory mitigation to offset unavoidable impactsAuthority: IC 4-22-2-19.6; IC 14-10-2-1; IC 14-10-2-4; IC 14-26-2-23; IC 14-28-1-5; IC 14-29-1-9
Affected: IC 14-26; IC 14-28-1; IC 14-29-1
Sec. 2.
(a) The costs of compensatory mitigation to offset unavoidable impacts are based on the following ratios:(1) For the habitat category of palustrine emergent wetland, the standard minimum mitigation ratio is 2:1.(2) For the habitat category of palustrine scrub-shrub wetland, the standard minimum mitigation ratio is 3:1.(3) For the habitat category of palustrine forested wetland, the standard minimum mitigation ratio is 4:1.(4) For the habitat category of a forest that is not a wetland where at least one (1) acre is disturbed, the standard minimum mitigation ratio is 2:1.(5) For the habitat category of a forest that is not a wetland where at least one-tenth (0.1) of an acre and less than one (1) acre is disturbed the standard minimum mitigation ratio is 1:1.(6) For the habitat category of a forest that is not a wetland where less than one-tenth (0.1) of an acre in an urban area is disturbed, the standard minimum mitigation ratio is: (A) 5:1 based on the number of removed trees at least ten (10) inches in diameter at breast height when not more than six (6) trees are impacted; or(B) 1:1 based on the area impacted when more than six (6) trees are impacted.(b) A standard minimum mitigation ratio under subsection (a) may be increased by at least one-half (1/2) if the area impacted is of high quality or largely undisturbed.(c) A standard minimum mitigation ratio under subsection (a) may be increased to:(1) two and five-tenths (2.5) for an impact of at least five (5) acres and not more than nine and nine-tenths (9.9) acres; and(2) 3:1 for an impact of at least ten (10) acres.(d) A standard minimum mitigation ratio under subsection (a) may be increased by a factor of not more than two (2) if: (1) the area impacted is a previous mitigation site;(2) there are cumulative effects, as defined by 312 IAC 10-2-18; or(3) there are extended temporal delays in implementing the mitigation plan.(e) A standard minimum ratio under subsection (a) may be increased if a:(1) project falls out of compliance with rules, regulations, and permits; or(2) habitat type is difficult to mitigate due to the uniqueness, rarity, high quality, or difficulty in properly compensating the habitat.Natural Resources Commission; 312 IAC 1.5-7-2; filed 9/9/2024, 10:58 a.m.: 20241009-IR-312240163FRA