Florida Regulations 62-342.400: Criteria for Establishing a Mitigation Bank
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The following criteria shall be met to establish a Mitigation Bank:
(1) The banker shall provide reasonable assurance that the proposed Mitigation Bank will:
(a) Improve ecological conditions of the regional watershed;
(b) Provide viable and sustainable ecological and hydrological functions for the proposed mitigation service area;
(c) Be effectively managed in perpetuity;
(d) Not destroy areas with high ecological value;
(e) Achieve mitigation success; and,
(f) Be adjacent to lands which will not adversely affect the perpetual viability of the Mitigation Bank due to unsuitable land uses or conditions.
(2) The banker shall also provide reasonable assurance that any surface water management system to be constructed, altered, operated, maintained, abandoned, or removed within the Mitigation Bank area will meet conditions of issuance of Part IV of Florida Statutes Chapter 373, and the rules adopted thereunder.
(3) A Mitigation Bank may be implemented in phases if each phase independently meets the requirements of subsections 62-342.400(1) and (2), above.
(4) The banker shall:
(a) Have sufficient legal or equitable interest in the property to meet the requirements of Fl. Admin. Code R. 62-342.650; and,
(b) Meet the financial responsibility requirements of Fl. Admin. Code R. 62-342.700
Rulemaking Authority Florida Statutes § 373.4136(11). Law Implemented 373.4135, 373.4136 FS. History-New 2-2-94, Formerly 17-342.400, Amended 5-21-01.
Terms Used In Florida Regulations 62-342.400
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
(a) Improve ecological conditions of the regional watershed;
(b) Provide viable and sustainable ecological and hydrological functions for the proposed mitigation service area;
(c) Be effectively managed in perpetuity;
(d) Not destroy areas with high ecological value;
(e) Achieve mitigation success; and,
(f) Be adjacent to lands which will not adversely affect the perpetual viability of the Mitigation Bank due to unsuitable land uses or conditions.
(2) The banker shall also provide reasonable assurance that any surface water management system to be constructed, altered, operated, maintained, abandoned, or removed within the Mitigation Bank area will meet conditions of issuance of Part IV of Florida Statutes Chapter 373, and the rules adopted thereunder.
(3) A Mitigation Bank may be implemented in phases if each phase independently meets the requirements of subsections 62-342.400(1) and (2), above.
(4) The banker shall:
(a) Have sufficient legal or equitable interest in the property to meet the requirements of Fl. Admin. Code R. 62-342.650; and,
(b) Meet the financial responsibility requirements of Fl. Admin. Code R. 62-342.700
Rulemaking Authority Florida Statutes § 373.4136(11). Law Implemented 373.4135, 373.4136 FS. History-New 2-2-94, Formerly 17-342.400, Amended 5-21-01.