OAR 141-085-0692
Mitigation Accounting

(1)

The purpose of mitigation accounting is to:

(a)

Ensure that the total area of the state’s wetland and tidal waters resource base is maintained;

(b)

Replace functions and values, including those that may be size dependent;

(c)

Account for temporal loss of habitat types, functions, and values; and

(d)

Encourage long-term sustainability of CM projects.

(2)

Ratios will not be used as the sole basis for demonstrating functional replacement.

(3)

Minimum Requirements. Except as otherwise provided in this section, the following minimum ratios must be used in the development of CM plans:

(a)

One acre of restored or created wetland or tidal waters for one acre of impacted wetland or tidal waters (1:1);

(b)

One credit from a bank, in-lieu fee, or advance mitigation project for one acre of impacted wetland or tidal waters (1:1);

(c)

Three acres of enhanced wetland or tidal waters for one acre of impacted wetland or tidal waters (3:1); and

(d)

There is no established ratio for CWM using preservation, or for CNWM. Minimum requirements will be determined on a case-by-case basis by the Department.

(4)

Adjustments to the Minimum Requirements. The amount of CM will increase based on the following factors but will not reduce the amount of mitigation below the minimum requirements:

(a)

Degree of specific function and value replacement. Adjustments will be based on the specific functions and values outlined in ORWAP, SFAM, or the Vernal Pool Function Assessment Method for the Agate Desert, if applicable.

(A)

Differences between the specific functions and values that will be lost at the impact site and the functions and values expected to be produced by the CM project will increase the amount of CM required up to fifty percent.

(B)

A CM site exceeding, or predicted to exceed, at least eighty percent of the specific functions that will be lost at the proposed impact site will reduce the amount of CM required by twenty percent.

(b)

Functional temporal loss. Characteristics (e.g., vegetation or soils) that are expected to take time to develop at the CM project and result in temporal loss of functions or values will increase the amount of CM required. This adjustment will not exceed one hundred percent of the minimum requirements and will be limited to the characteristic that has the longest maturity time (i.e., characteristics are not additive).

(c)

Strengthened administrative protection and long-term stewardship. Provisions for the CM site that are above and beyond the minimum requirements of the Department will reduce the amount of CM required up to twenty percent. Strengthened long-term stewardship must include appropriate funding to implement an approved stewardship plan. Minimum administrative requirements are public ownership with a management plan, or a deed restriction.

(d)

Impacts to CM Sites. The Department may double the minimum requirements for project development affecting existing CM sites.

(e)

Unauthorized Removal-Fill. The Department may increase the minimum requirements when mitigation is proposed to compensate for an unauthorized removal-fill activity.

(f)

Non-concurrent CM. The Department may increase the minimum requirements when mitigation will not be implemented in the same construction season as the authorized impact.

(5)

Exceptions to Adjustments to the Minimum Requirements.

(a)

Permittee-responsible mitigation proposed for projects that involve 0.20 acres or less of permanent wetland impact are not subject to an adjustment based on differences between the specific functions and values lost at the impact site and the specific functions and values expected to be produced by the CM project; all other adjustments may apply.

(b)

Projects that involve 0.2 acres or less of permanent wetland impact that use mitigation banks, in-lieu fee mitigation, or payment in-lieu mitigation are not subject to the adjustments in 141-085-0692 (Mitigation Accounting)(4)(a) to 141-085-0692 (Mitigation Accounting)(4)(c).

(c)

CM fulfilled using legacy credits are not subject to the adjustments in 141-085-0692 (Mitigation Accounting)(4)(a) to 141-085-0692 (Mitigation Accounting)(4)(c).

(6)

Buffer Areas. Credit will be granted for required buffers at an amount determined by the Department. Such buffers will be subject to appropriate administrative site protection pursuant to OAR 141-085-0695 (Administrative Protection of CM Sites).

Source: Rule 141-085-0692 — Mitigation Accounting, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=141-085-0692.

141‑085‑0500
General 141‑085‑0506
Policy 141‑085‑0510
Definitions 141‑085‑0515
Removal-Fill Jurisdiction by Type of Water 141‑085‑0520
Removal-Fill Jurisdiction by Volume of Material 141‑085‑0525
Measuring and Calculating Volume of Removal and Fill 141‑085‑0530
Exemptions for Certain Activities and Structures 141‑085‑0534
Exemptions for Certain Voluntary Habitat Restoration Activities 141‑085‑0535
Exemptions Specific to Agricultural Activities 141‑085‑0540
Types of Authorizations 141‑085‑0545
Fees 141‑085‑0550
Application Requirements for Individual Permits 141‑085‑0555
Individual Removal-Fill Permit Application Review Process 141‑085‑0560
Public Review Process for Individual Removal - Fill Permit Applications 141‑085‑0565
Department Determinations and Considerations in Evaluating Individual Permit Applications 141‑085‑0575
Permit Appeals 141‑085‑0580
Discovery in Contested Cases 141‑085‑0585
Permit Conditions, Permit Expiration Dates and Permit Transfer 141‑085‑0590
Renewal and Extension of Individual Removal-Fill Permits 141‑085‑0595
Permit Requirements and Interagency Coordination for Department of Environmental Quality Approved Remedial Action, Corrections Facilities, Solid Waste Land Fills and Energy Facilities 141‑085‑0665
Expedited Process for Industrial or Traded Sector Sites 141‑085‑0676
Emergency Authorizations 141‑085‑0680
Compensatory Mitigation (CM) 141‑085‑0685
Functions and Values Assessment 141‑085‑0690
Eligibility Requirements for CM 141‑085‑0692
Mitigation Accounting 141‑085‑0694
Special Requirement for CM 141‑085‑0695
Administrative Protection of CM Sites 141‑085‑0700
Financial Security for CM Sites 141‑085‑0705
Requirements for CM Plans 141‑085‑0710
Monitoring Requirements for CWM 141‑085‑0715
Mitigation for Temporary Impacts 141‑085‑0720
Mitigation Banking Purpose, Applicability and Policies 141‑085‑0725
Process for Establishing Mitigation Banks 141‑085‑0730
Establishment of Mitigation Credits 141‑085‑0735
Release, Use and Sale of Mitigation Credits 141‑085‑0740
Authorization for Mitigation Banks 141‑085‑0745
In-Lieu Fee Mitigation 141‑085‑0750
Payments to and Expenditures from the Oregon Removal-Fill Mitigation Fund 141‑085‑0755
Advance Mitigation 141‑085‑0768
Advance Aquatic Resource Plans 141‑085‑0770
Complaints and Investigations 141‑085‑0775
Enforcement Actions and Procedures 141‑085‑0780
Revoking or Suspending an Authorization 141‑085‑0785
Civil Penalties
Last Updated

Jun. 8, 2021

Rule 141-085-0692’s source at or​.us