LD 1547
pg. 4
Page 3 of 7 PUBLIC Law Chapter 245 Page 5 of 7
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LR 1860
Item 1

 
3. Compensation fee program. The department shall may develop
a compensation fee program in consultation with the State
Planning Office, the United States Army Corps of Engineers and
state and federal resource agencies, including the United States
Fish and Wildlife Service and the United States Environmental
Protection Agency.

 
A. The program must may include, at a minimum, the
following:

 
(1) Identification of wetland management priorities on
a watershed basis;

 
(2) Identification of the types of wetland losses
eligible for compensation under this subsection;

 
(3) Standards for compensation fee projects;

 
(4) Calculation of compensation fees based on the
functions and values of the affected wetlands and the
cost of compensation, taking into account the potential
higher cost of compensation when a project is
implemented at a later date; and

 
(5) Methods to evaluate the long-term effectiveness of
compensation fee projects implemented under this
subsection in meeting the wetland management priorities
identified pursuant to subparagraph (1).

 
B. Any compensation fee must may be paid into a wetlands
compensation fund established by the department as provided
in subparagraph (1) or to an organization authorized by the
department as provided in subparagraphs (1) and subparagraph
(2). A compensation project funded in whole or in part from
compensation fees must be approved by the department.

 
(1) The department may establish a wetlands
compensation fund for the purpose of receiving
compensation fees, grants and other related income.
The wetlands compensation fund must be a fund dedicated
to payment of costs and related expenses of wetland
restoration, enhancement, preservation and creation
projects. The department may make payments from the
fund consistent with the purpose of the fund. Income
received under this subsection must be deposited with
the State Treasurer to the credit of the wetlands
compensation fund and may be invested as provided by
law. Interest on these investments must be credited to
the wetlands compensation fund.


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