Effective: September 5, 2012
Latest Legislation: Senate Bill 294 - 129th General Assembly
(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.
Structure Ohio Revised Code
Title 61 | Water Supply-Sanitation-Ditches
Chapter 6111 | Water Pollution Control
Section 6111.01 | Water Pollution Control Definitions.
Section 6111.011 | Environmental Enforcement Authority Over Ephemeral Features.
Section 6111.02 | Isolated Wetland Permit Definitions.
Section 6111.021 | General and Individual Isolated Wetland Permits.
Section 6111.022 | Proposed Filling of Wetland Subject to Level One Review.
Section 6111.023 | Proposed Filling of Wetland Subject to Level Two Review.
Section 6111.024 | Proposed Filling of Wetland Subject to Level Three Review.
Section 6111.025 | Wetland Mitigation Banks.
Section 6111.027 | Mitigation for Impacts to Isolated Wetlands.
Section 6111.028 | Discharge of Dredged Material Into Isolated Wetlands.
Section 6111.03 | Water Pollution Control Powers of Director of Environmental Protection.
Section 6111.031 | Modification of Terms and Conditions of Permit.
Section 6111.032 | Primary Authority to Reside in Legislative Authority or Governing Board.
Section 6111.035 | Coal Mining and Reclamation Operations General Permits.
Section 6111.036 | Water Pollution Control Loan Fund.
Section 6111.037 | Nonpoint Source Pollution Management Fund.
Section 6111.038 | Surface Water Protection Fund.
Section 6111.0381 | Water Quality Protection Fund.
Section 6111.0382 | Surface Water Improvement Fund.
Section 6111.04 | Water Pollution and Sludge Management Violations Prohibited.
Section 6111.041 | Standards of Water Quality.
Section 6111.042 | Rules Requiring Compliance With Federal Water Pollution Control Act.
Section 6111.044 | Injection Well Drilling or Operating Permit.
Section 6111.045 | Waste Minimization and Treatment Plan for Class I Injection Well Facility.
Section 6111.046 | Annual Permit Fee - Underground Injection Control Fund.
Section 6111.047 | Tonnage Fees for Injection of Waste.
Section 6111.048 | Temporary Assistance of State Employees.
Section 6111.049 | Tonnage Fees for Injection of Waste - Exceptions.
Section 6111.05 | Investigation of Alleged Act of Pollution or Failure to Comply.
Section 6111.051 | Use, Management, or Disposal of Structural Products.
Section 6111.052 | Blast Furnace and Steel Slag.
Section 6111.06 | Administrative Procedures - Emergencies.
Section 6111.07 | Prohibited Acts - Prosecutions and Injunction by Attorney General.
Section 6111.08 | Rights in Equity or Under Common Law Not Affected.
Section 6111.09 | Civil Penalties for Water Pollution Control Violations.
Section 6111.13 | Discharge Limit for a Pollutant Less Than the Practical Quantification Level.
Section 6111.30 | Application for Federal Water Quality Certification - Hearing.
Section 6111.31 | Interagency Review Team and Mitigation Standards.
Section 6111.311 | Ephemeral Feature Mitigation Calculation Definitions.
Section 6111.312 | Limitations on Additional Requirements.
Section 6111.313 | Mitigation of Impacts to Ephemeral Features.
Section 6111.314 | Reporting and Monitoring Requirements.
Section 6111.315 | Best Management Practices.
Section 6111.316 | Exceptions From Ephemeral Feature Mitigation Requirements.
Section 6111.32 | Dredging Plan.
Section 6111.33 | Dredged Material.
Section 6111.34 | Rules Governing Beneficial Use of Dredged Material.
Section 6111.42 | Water Quality Powers of Director of Environmental Protection.
Section 6111.441 | Sewage Treatment Systems Regulated by Board of Health Exempt From Chapter.
Section 6111.451 | Sewage Construction Activities Not Requiring Plan Approval.
Section 6111.50 | Credible Data Definitions.
Section 6111.52 | Level Three Credible Data Activities.
Section 6111.54 | Submission of Surface Water Quality Data.
Section 6111.55 | Computerized Database or Databases Composed of All Credible Data.
Section 6111.56 | Determining Source or Sources of Water Impairment.
Section 6111.561 | Development and Establishment of Total Maximum Daily Load.
Section 6111.562 | Notice and Opportunity for Input From Stakeholders.
Section 6111.563 | Official Draft.
Section 6111.564 | Final Tmdl; Appeal.