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(1) One or more applicants, or an organization may undertake a mitigation project together if it is demonstrated that all of the following circumstances exist:

(a) Creation of one or several larger wetlands may be preferable to many small wetlands;

(b) The group demonstrates the organizational and fiscal capability to act cooperatively;

(c) The group demonstrates that long-term management of the mitigation area will be provided; and

(d) There is a clear potential for success of the proposed mitigation at the identified mitigation site.

(2) Conducting mitigation as part of a cooperative process does not reduce or eliminate the required replacement ratios outlined in PMC 28.16.120(3) , except where a compensatory mitigation plan, including a five-year monitoring agreement, is included as a condition of approval, such plan shall allow for one-to-one (1:1) replacement ratios upon successful completion of the monitoring agreement.

(3) Wetland mitigation and banking programs shall be consistent with the provisions outlined in the Department of Ecology’s publication Wetland Mitigation in Washington State, Part 1: Agency Policies and Guidance (Version 1, Publication No. 06-06-011a, March 2006) and Wetland Mitigation in Washington State, Part 2: Developing Mitigation Plans (Version 1, Publication No. 06-06-011b, March 2006).

(a) Credits from a wetland mitigation bank may be approved for use as compensation for unavoidable impacts to wetlands when:

(i) The bank is certified under Chapter 173-700 WAC;

(ii) The Department of Community and Economic Development determines the wetland mitigation bank provides appropriate compensation for the authorized impacts; and

(iii) The proposed use of credits is consistent with the terms and conditions of the bank’s certification.

(b) Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the bank’s certification.

(c) Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the bank’s certification. In some cases, the service area of the bank may include portions of more than one adjacent drainage basin for specific wetland functions. [Ord. 4525A § 1, 2021; Ord. 4525 § 1, 2021; Ord. 3911 § 2, 2009; Code 1970 § 28.16.100.]