49-256. Adoption and enactment of federal definitions For the purposes of this article and for establishing primacy for this state’s dredge and fill permit program under 33 United States Code section 1344, the following definitions are adopted and enacted as follows: 1. " Compensatory mitigation" means the restoration (re-establishment or rehabilitation), establishment (creation), enhancement, and/or […]
49-256.01. Dredge and fill permit program; permits; rules; prohibitions; exemptions; exceptions; notice (Conditionally Rpld.) A. To implement the permit program established by 33 United States Code section 1344, the director may establish by rule a dredge and fill permit program that is consistent with and not more stringent than the clean water act dredge and […]
49-256.02. Compensatory mitigation (Conditionally Rpld.) A. As a part of the program established pursuant to section 49-256.01, and consistent with the guidelines established pursuant to 33 United States Code section 1344(b)(1), the director shall establish by rule standards and criteria for the use of all types of compensatory mitigation, including on-site and off-site permittee-responsible mitigation, […]
