LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeFish and Game CodeDiv. 2Ch. 7.8Art. 4§ 1790 Wetlands Mitigation Bank Credit

§ 1790 Wetlands Mitigation Bank Credit

Fish and Game Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1790 Wetlands Mitigation Bank Credit

If you build at least 20 acres of new wetlands or vernal pools, you can ask the state to give you credit for those new acres to offset future wetland loss, but you can’t get credit for any land that was already there before you started.

Key Takeaways

  • •You must create at least 20 acres of new wetlands or vernal pools.
  • •You can request a credit from the department for the new acres and their habitat value.
  • •Only the newly created habitat counts; anything that existed before the project gets no credit.

Example

A city developer creates a 30‑acre wetland on a former parking lot and then wants to use that new wetland to balance out a future project that will remove a small wetland elsewhere in the city.

Because the developer made a new wetland that is bigger than 20 acres, they can ask the department to count those 30 acres (and their habitat value) as credit to cover the loss of the other wetland. They can’t count any part of the site that was already wet before they started the project.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1790 Wetlands Mitigation Bank Credit

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. (Added by Stats. 1993, Ch. 1254, Sec. 1. Effective January 1, 1994.)

Last verified: January 10, 2026

Key Terms

wetlandsvernal poolsmitigation bank credithabitat valueacres

Related Statutes

  • § 1791 Wetland Classification Criteria
  • § 1792 Wetland Credit Minimum Pricing
  • § 1792.5 Wetland Bank Reimbursement Agreement
  • § 1775 Wetlands Mitigation Bank Act
  • § 1776 Wetland Preservation Incentives

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Fish and Game Code. Section 1790.
View Official Source