Ohio § 6111.31

§ 6111.31.

(A) As used in this section, “ interagency review team ” means the interagency group of federal, tribal, state, or local regulatory and resource

agency representatives established pursuant to 33 C.F.R. 332.8(b) that reviews documentation for and advises the United States army corps of engineers

district engineer on the establishment and management of a wetland mitigation bank,

stream mitigation bank, in-lieu fee mitigation program, or permittee responsible mitigation. (B)(1) The directors of environmental protection, the department of natural resources, and

the department of transportation shall each appoint an agency designee and an alternate

to serve as members of the interagency review team.  Each appointed person shall have significant experience in at least one of the following: (a) The restoration of wetlands or streams; (b) The enhancement and protection of wetlands or streams; (c) The development of compensatory mitigation plans. (2) At least one of the appointees shall maintain accurate and complete minutes of interagency

review team meetings, including documentation of the basis for any comments or decisions

of the interagency review team with respect to wetland mitigation banks, stream mitigation

banks, in-lieu fee mitigation proposals, permitee responsible mitigation, approvals,

credit releases, or management.  Minutes kept by an appointee are a public record. (C)(1) Not later than twenty-four months after the effective date of this amendment, the

director of environmental protection shall review and adopt, in accordance with sections 106.03 and 119.03 of the Revised Code , all substantive wetland, stream, or lake mitigation standards, guidance, guidelines,

criteria, scientific methods, processes, or other procedures or policies that are

used in a uniform manner by either of the following: (a) The interagency review team to review documentation for and evaluate wetland mitigation

bank, stream mitigation bank, in-lieu fee mitigation program, or permittee responsible

mitigation; (b) The director of environmental protection in evaluating the adequacy of any of the

following in an application for a section 401 water quality certification:  a mitigation

proposal, including a wetland mitigation bank proposal, stream mitigation bank proposal,

in-lieu fee mitigation project proposal, or permittee responsible mitigation, the

establishment of performance metrics, a request for credit release, or termination

of monitoring requirements. (2) Beginning on the effective date of the actions taken by the director as required

under division (C)(1) of this section or beginning twenty-four months after the effective

date of this amendment, whichever is earlier, both of the following apply: (a) No such standards, guidance, guidelines, criteria, or scientific methods, processes,

or other procedures or policies that are not adopted in accordance with division (C)(1)

of this section have the force of law; (b) Any such mitigation standards, guidance, guidelines, criteria, scientific methods,

processes, or other procedures or policies that are not adopted in accordance with

division (C)(1) of this section that are used by or approved for use by the director

or the interagency review team to evaluate, measure, or determine the success, approval,

or denial of a mitigation proposal, establishment of performance metrics, request

for credit release, or termination of monitoring requirements shall not be used as

the basis for review of any certification or permit denial or as a standard applied

to mitigation. (3) Actions taken by the director under division (C)(1) of this section are not subject

to division (F) of section 121.95 of the Revised Code .