Wetland bank credits would require public notice and local approval

The department may not approve credits for an initial wetland bank proposal or a material change unless the listed notice, hearing, study, and local approval steps occur. The steps apply to an initial wetland bank proposal or a material change to one. The sponsor must notify the local government, nearby residents, and property owners by first-class mail and provide a study of the wetland available for mitigation banking. The department must give notice and offer a public hearing in the community where the bank is located. Within 30 days after the hearing, the local government must notify the department in writing that it approves use of the credits and include its wetland ordinance, if applicable. The local government must send its written approval within 30 days after the hearing.

The department would submit revised wetland mitigation rules for informal review, guided by the listed principles where appropriate. The department responsible for wetlands would revise its mitigation rules. The principles include allowing flexibility in mitigation ratios when ecological outcomes are maintained or improved, considering approved bank credits, and encouraging wetland banks while ensuring no net loss of wetlands. The rules must be consistent with the section's stated intent to achieve no net loss of wetland acreage, function, and public value. The department must submit the rules no later than one year after the 2026 amendatory act takes effect.