SB 255

This bill eliminates the requirement that wetlands that benefit from the in lieu

fee subprogram administered by the Department of Natural Resources be open to the

public. The bill also provides that, in determining projects that benefit from the

subprogram, DNR must, to the extent practicable, ensure that there is no net loss of

public access to wetlands.

Under current law, DNR must issue wetland general permits for discharges of

dredged or fill material into certain wetlands and may require a person to apply for

and obtain a wetland individual permit if DNR determines that conditions specific

to the site require additional restrictions on the discharge in order to provide

reasonable assurance that no significant adverse impacts to wetland functional

values will occur. Under current law, before DNR may issue a wetland individual

permit, it must require the restoration, enhancement, creation, or preservation of

other wetlands to compensate for adverse impacts to a wetland resulting from the

discharge, also known as mitigation.

Under current law, one method by which wetland mitigation may be

accomplished is participating in the in lieu fee subprogram. Under this subprogram,

payments are made to DNR or another entity for the purposes of improving or

preserving wetlands or other water resource features.