(a) Wetlands replacement must meet the
following general criteria:
(1)
Area
ratio. The wetland shall be replaced at a minimum area ratio of
replacement acres to affected acres of 1:1. The Department may require the area
ratio to exceed 1:1 based on a determination of the area affected and the
functions and values which will be destroyed or adversely affected by the
project. For structures or activities constructed without a permit, and for
which mitigation, as defined in §
105.1 (relating to definitions),
cannot be achieved, the wetland shall be replaced at a minimum area ratio of
2:1 (replacement acres: affected acres). The Department may require the area
ratio to exceed 2:1 based on a determination of the area affected and the
functions and values which were destroyed or adversely affected by the
project.
(2)
Function and
value replacement. Functions and values that are physically and
biologically the same as those that are lost shall be replaced at a minimum
ratio of 1:1. The Department may require the functions and values ratio to
exceed 1:1 based on the area affected and on the functions and values which
will be destroyed as adversely affected by the project and the replacement
ratio. For structures or activities constructed without a permit, and for which
mitigation, as defined in § 105.1, cannot be achieved, the wetland shall
be replaced at a minimum area ratio of 2:1. The Department may require the area
ratio to exceed 2:1 based on a determination of the area affected and the
functions and values which were destroyed or adversely affected by the
project.
(3)
Siting
criteria. Replacement shall be located adjacent to the impacted
wetland unless an alternative replacement site is approved by the Department.
Alternative replacement sites will generally not be approved unless the
replacement site is located within the same watershed as the wetland being
replaced or within the designated boundaries of the coastal zone management
area where the loss occurs.
(b) In addition to the general criteria in
subsection (a), the Department will use its guidelines entitled "Design
Criteria for Wetlands Replacement " in making decisions under this
section. These guidelines provide for design, flexibility and utilization of
best available technology in environmental engineering. These guidelines are
available from the Division of Rivers and Wetlands Conservation, Post Office
Box 8761, Harrisburg, Pennsylvania 17105-8761.