§ 1956 Wildlife Mitigation Credit Rules

For purposes of this chapter, the following terms apply: (a) “Compensatory mitigation credit” means a credit that may be used to fulfill, in whole or in part, mitigation requirements under applicable federal, state, or local law. (b) “Long-term durability” means doing both of the following: (1) Providing a plan, approved in writing by the department, that ensures the long-term success, maintenance, repair, and upkeep of a wildlife connectivity action. If the wildlife connectivity action is used to create one or more mitigation credits pursuant to this chapter, the plan shall ensure the wildlife connectivity action remains in effect until, at minimum, the site of the environmental impacts is returned to preimpact ecological conditions. (2) (A) Providing secure, long-term funding for implementation of the plan developed pursuant to paragraph (1) in a form approved in advance in writing by the department. (B) For purposes of this section, transportation funding identified in the State Highway System Management Plan provides secure, long-term funding for a structure, but not the habitat thereon, on the state highway system. (c) “Permanently protect” or “permanent protection” means doing both of the following: (1) Recording a conservation easement, in a form approved in advance in writing by the department, or establishing perpetual protection of land in a manner consistent with draft or approved natural community conservation plans within the area of the applicable wildlife connectivity action and approved in writing by the department, that prevents development, prohibits inconsistent uses, and ensures habitat for focal species is maintained. (2) Providing secure, perpetual funding for management of the land, monitoring, and legal enforcement, in a form approved in advance in writing by the department. (d) “Wildlife connectivity action” means an action that measurably improves aquatic or terrestrial habitat connectivity, or wildlife migration, recolonization, and breeding opportunities inhibited by built infrastructure or habitat fragmentation. A wildlife connectivity action may include, but is not limited to, a road overpass or underpass solely for use by wildlife. (Added by Stats. 2021, Ch. 738, Sec. 1. (SB 790) Effective January 1, 2022.)