Compensatory Mitigation Requirements Sample Clauses

Compensatory Mitigation Requirements. Exceptions to these requirements must be approved by the permitting agency or agencies. 1. On site is required when the greatest ecological benefits can be obtained on site. This may include, but is not limited to the following: a) The on-site location is critical for protecting or replacing important location- dependent functions that are lost due to project impacts. b) The location or natural conditions on site play a key role in larger watershed functions and health, or to a Special Species. c) The on-site location has a high likelihood of success and will not be highly influenced by adjacent development pressures. d) On site may be required in other circumstances as determined by site-specific needs or at the discretion of the permitting agencies. 2. In kind is required when the greatest ecological benefits for the watershed can be obtained by replacing adversely affected functions. In-kind requirements include, but are not limited to the following situations: a) When adversely affected functions are limiting within the watershed and are critical for replacement, as agreed to by the permitting agency. b) When adversely affected functions are critical to the continued health of the watershed or of a special species. c) When adversely affected functions are of high quality and should be replaced. d) When replacement of adversely affected functions may be required in other circumstances as determined by site-specific needs or at the discretion of the permitting agencies. 3. Off site may be acceptable in the following circumstances if the conditions for on site above do not apply and: a) The project proponent can demonstrate to the agencies’ satisfaction that greater limiting or critical functions can be achieved off site than is possible on site. b) Adversely affected functions are of low quality, and an off-site location can be restored, preserved, or created to obtain a limiting factor identified for the watershed, for critical habitat for Special Species, or to provide higher quality functions than what is adversely affected. c) There are no reasonable on-site opportunities. d) On-site opportunities do not have a high likelihood of success due to development pressures or adjacent impacts to the compensatory mitigation area. e) Off-site enhancement and restoration opportunities may be considered to have a higher likelihood of success than on- or off-site creation options. f) Acceptable off-site mitigation must occur in the same Water Resource Inventory ...