Existing federal law sets forth certain requirements: (1) governing compensatory mitigation for losses of aquatic resources resulting from certain activities governed by section 404 of the federal Clean Water Act, 33 U.S.C. § 1344, including the establishment, use and operation of mitigation banks and in-lieu fee programs; (2) relating to certain Department of the Army permits concerning waters of the United States; and (3) governing disposal sites for dredged or fill material, including specifications for mitigation banks and in-lieu fee programs. (33 C.F.R. Parts 325 and 332, 40 C.F.R. Part 230) Existing state law authorizes a board of county commissioners to: (1) by ordinance establish, use and operate a wetlands mitigation bank in accordance with guidelines set forth in certain federal regulations; and (2) enter into a cooperative agreement with a public agency or nonprofit organization for the operation of the mitigation bank. (NRS 244.388) Section 1 of this bill authorizes a board of county commissioners to also: (1) establish, use and operate an in-lieu fee program for compensatory mitigation in accordance with guidelines set forth in certain federal regulations; and (2) enter into a cooperative agreement with a public agency or nonprofit organization for the establishment, use or operation of the in-lieu fee program. Section 2 of this bill makes a conforming change to amend a reference to a definition deleted in section 1.

Statutes affected:
As Introduced: 244.388, 482.379185
Reprint 1: 244.388, 482.379185
As Enrolled: 244.388, 482.379185
BDR: 244.388, 482.379185