CHAPTER 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 [1775. - 1796.]
Chapter 7.8 added by Stats. 1993, Ch. 1254, Sec. 1.
§§ 1775–1796 · 24 sections
ARTICLE 1. General Provisions §§ 1775–1779.5 · 10 sections
- § 1775 This chapter shall be known and may be cited as the Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993.
- § 1776 The Legislature finds and declares the following: (a) Wetlands are an important natural resource of the Sacramento-San Joaquin Valley because they provide…
- § 1776.5 It is the intent of the Legislature that the funds necessary to cover the costs of administering this chapter be provided by the purchase of credits in…
- § 1777 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 1777.2 “Bank site” or “mitigation bank site” means a publicly or privately owned and operated site on which wetlands have been or will be created in accordance with…
- § 1777.5 “Credit” means a numerical value that represents the wetland acreage and habitat values of a mitigation bank site.
- § 1778 “Operator” means the department, or a public or private person or entity approved by the department, to administer a wetlands mitigation bank site.
- § 1778.5 “Permittee” means a public or private person or entity that meets all of the following conditions: (a) Has received a permit pursuant to Section 404 of the…
- § 1779 “Qualifying urban area” means any of the following when they occur within the Sacramento-San Joaquin Valley: (a) A geographical area having a population of…
- § 1779.5 “Sacramento-San Joaquin Valley” means the central valley region, as defined in subdivision (g) of Section 13200 of the Water Code.
ARTICLE 2. Legislative Goals §§ 1780–1781 · 2 sections
ARTICLE 3. Wetlands Mitigation Banks §§ 1784–1787 · 4 sections
- § 1784 (a) The department, in cooperation with those agencies specified in Section 1786, shall adopt regulations that establish standards and criteria for the bank…
- § 1785 If any person desires to establish a wetlands mitigation bank site under this chapter, the person shall apply to the department for a determination that the…
- § 1786 (a) Before any wetlands are created on the bank site qualified pursuant to Section 1785, the department shall coordinate and shall be a signatory to a…
- § 1787 (a) If the bank site owner is a public entity, that entity shall pay annually to the county in which the property is located an amount equal to the county…
ARTICLE 4. Wetlands §§ 1790–1792.5 · 4 sections
- § 1790 Upon the successful creation of any wetlands of at least 20 acres, or in the case of vernal pools, upon successful creation of vernal pools on a site at least…
- § 1791 (a) Upon receipt of a request pursuant to Section 1790, the department shall determine the number of acres which are wetlands in the bank site based on the…
- § 1792 In the interest of assuring that the minimum price for wetland credit is sufficient to ensure the financial integrity of the bank, the department may establish…
- § 1792.5 The department shall be reimbursed for those expenses of the department identified in Section 1792 according to a schedule contained in an agreement with the…
ARTICLE 5. Discharge into Wetlands §§ 1793–1796 · 4 sections
- § 1793 A permittee shall provide compensation pursuant to Section 404 of the federal Clean Water Act (33 U.S.C. Sec. 1344 et seq.). The department shall classify the…
- § 1794 Compensation pursuant to Section 1793 is subject to the condition that the operator establish the trust or bond required by subparagraph (B) of paragraph (3)…
- § 1795 After payment to the operator pursuant to this article, the permittee has no further obligations with respect to the operation of the bank site to which…
- § 1796 No bank site shall be qualified under Section 1785 on or after January 1, 2015.