Article 4. Wetlands of California Fish And Game Code >> Division 2. >> Chapter 7.8. >> Article 4.
Upon the successful creation of any wetlands of at least 20
acres, or in the case of vernal pools, upon successful creation of
vernal pools on a site at least 20 acres in size, the operator may
request a determination by the department of the number of acres in
the mitigation bank site, and the relative habitat value thereof,
that qualify for credit against prospective wetland loss in the
qualifying urban area. In determining the amount of mitigation bank
credit, no credit shall be provided for habitat values or acreage
that was in existence prior to the establishment of the bank.
(a) Upon receipt of a request pursuant to Section 1790, the
department shall determine the number of acres which are wetlands in
the bank site based on the criteria established pursuant to Section
1784, and the department shall classify those wetlands according to
established biological criteria.
(b) The classifications shall include, but are not limited to, the
following wetland types:
(1) Perennial freshwater marsh.
(2) Perennial brackish marsh.
(3) Seasonal freshwater marsh.
(4) Wet meadow.
(5) Vernal pool.
(6) Riparian woodland.
(7) Riparian scrub.
In the interest of assuring that the minimum price for
wetland credit is sufficient to ensure the financial integrity of the
bank, the department may establish a minimum price for each bank
established pursuant to this chapter. The operator may set a higher
price to the extent that price is consistent with the terms of the
memorandum of understanding executed pursuant to Section 1785. After
the department determines the number of wetland acres in the bank
site that qualify for credit against wetland loss in a qualifying
urban area, the operator shall provide to the department, and the
department shall verify, an accounting of the average cost for each
wetland acre created, by wetland type for the purpose of determining
credits, using the following factors:
(a) Land costs, including the reasonable interest cost of holding
(b) Wetland creation costs.
(c) Wetland administration, maintenance, and protection costs.
(d) Annual taxes, including all tax increases allowed under
applicable state law, and in-lieu payments pursuant to Section 1787,
(e) Costs incurred by the department in establishing the bank
site, and the direct cost of necessary ongoing monitoring and
(f) Any other information relevant to a determination of the cost
of preserving the wetlands in perpetuity.
The department shall be reimbursed for those expenses of
the department identified in Section 1792 according to a schedule
contained in an agreement with the person establishing a wetland
mitigation bank. The agreement shall be approved by all parties prior
to the commencement of planning activities.