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Rule Information

Wetland Mitigation Banks, Chapter 173-700 WAC

The Department of Ecology (Ecology) adopted a new rule for wetland mitigation banks on September 3, 2009. The purpose of the rule is to provide an efficient, predictable framework to certify, operate, and monitor wetland mitigation banks across the state.

The proposed rule was published for public review and comment in the Washington State Register on March 18, 2009. Ecology also issued a Draft Environmental Impact Statement (EIS) under the State Environmental Policy Act, a Small Business Economic Impact Statement (SBEIS), and a Preliminary Cost-Benefit Analysis (CBA) as part of the public comment process. Ecology accepted public comments on the proposed rule, EIS, SBEIS, and CBA documents until 5:00 pm on April 23, 2009.

Public Comments Received

Ecology has reviewed all of the comments received during the public comment period. The agency's responses to those comments are published in a Concise Explanatory Statement (CES) and as part of the Final Environmental Impact Statement (Final EIS).

The final rule language, CES, and Final EIS are posted on this web page.  All rule-making documents are posted on Ecology's rules web page.

Important Dates

• Adoption Date: September 3, 2009
• Effective Date: October 4, 2009

Documents

• WAC 173-700 Rule Text (Adopted Version, PDF, 214 kB)
• Rule Text, Easy Read Version with Table of Contents (PDF, October 2009)
• Concise Explanatory Statement
• Final Environmental Impact Statement

Questions

• If you have any questions about the rule adoption, contact Yolanda Holder at (360) 407-7186.
• If you have any questions about the Final EIS, contact Kate Thompson at (360) 407-6749.

Background Information
 

What approach was used to write and review the draft rule?

Ecology used a collaborative approach to develop and review the draft wetland mitigation bank rule (WAC 173-700). An 18-member advisors group was formed and throughout the rule development process the group played a pivotal role by adding diverse viewpoints from local, state, and federal agencies; environmental interests; private bank development; agricultural concerns; and business.

Under the Administrative Procedures Act (Chapter 34.05 RCW), an agency may test a rule before it is formally adopted. The draft rule was tested through a pilot program that was authorized in 2004. The pilot program focused on essentially two processes:

• How will mitigation banks be certified
• How will mitigation banks be implemented? (Debiting from banks will occur through existing permitting processes.)

During the pilot program the advisors group analyzed the draft rule and identified necessary revisions.   For more information on the pilot program, click here.