S-3388.1  _______________________________________________

                         SENATE BILL 6353

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Senators Kline, Jacobsen, Patterson, Costa, Rasmussen and McAuliffe

Read first time 01/14/2000.  Referred to Committee on Environmental Quality & Water Resources.

Changing provisions relating to wetlands mitigation banking.

    AN ACT Relating to wetlands mitigation; and amending RCW 90.84.050.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 90.84.050 and 1998 c 248 s 6 are each amended to read as follows:

    Prior to authorizing use of credits from a bank as a means of mitigation under a permit issued or approved by the department or a local government, the department must assure that all appropriate and practicable steps have been undertaken to first avoid and then minimize adverse impacts to wetlands.  In determining appropriate steps to avoid and minimize adverse impacts to wetlands, the department shall take into consideration the functions and values of the wetland, including fish habitat, ground and surface water quality, and protection of adjacent properties.  The department may approve use of credits from a bank only when:

    (1) The credits represent the creation, restoration, or enhancement of wetlands of like kind and in close proximity ((when estuarine wetlands are being mitigated));

    (2) There is no practicable opportunity for on-site compensation; ((or)) and

    (3) Use of credits from a bank is environmentally preferable to on-site compensation.

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