no 



c. Temporary account 



d. Permanent account. This account is for permanent credits and debits which 

 comprise the true, usable hank balance. 



10. LocflHon of Replacement Wetlands . The replacement of wetland must come from the 

 following areas: 



a. Same or surrounding counties - 50% 



b. Statewide - 50% 



c. If not available from same county or surrounding counties, replacement 

 wetland can come from same biotic area 



1 1 Administraji^n . The no net loss program is jointly administered by the State 



Engineer and the Game and Fish Director, to guarantee an equal balance of management and decision- 

 making. All permits must have Joint approval. 



12. Flexibility and Management . The no net loss program requires that the existing 

 wetland base be maintained, but allows flexibility and management. 



The North Dakota no net loss of wetlands law, being the first ever developed, is certainly 

 subject to improvement and refinement. The results achievwl to date are remarkable. The support and 

 approval of the state (Governor and State agencies) and local governments cannot be under-estimated 

 for those who are seriously interested in protecting wetlands. 



When these laws were developed, it was recognized that acre- for-acre replacement is a less 

 than perfect method for conserving wetlands because it risks the loss of wetland values. An ecological 

 equivalency method of replacement is obviously an ideal, though may be impossible due to lack of 

 knowledge in some areas of wetland functions. It was also recognized, however, that a value based 

 system such as in-kind replacement on a proJect-by-project basis would place unworkable demands on 

 state agencies and individuals, and inherently lacks the flexibility to be acceptable and workable to 

 North Dakota. There may al.so be an under-reporting occurring of wetlands that have a watershed less 

 than 80 acres that don't require a permit, but may be placed as a debit in the bank. Also, a recent 

 review by the Corps of Engineers of the North Dakota wetland bank found that replacement credits 

 weren't occurring in the biotic area of loss as desired. 



Another topic of concern is that state and federal agency wetland restorations, as required by 

 state law, are recorded as credits in the wetland bank. Some people conclude that state and federal 

 agencies are restoring wetland in order to facilitate wetland drainage in other areas. A true mitigation 

 bank would require those needing the mitigation credits to pay for them in entirety. 



In summary, the no-net-loss of wetlands law for North Dakota was heralcJed by many 

 conservation interests as a landmark in wetland protection for the slate. Proponents or this legislation 

 point out that the law needs refinement and improvement over time, but believe that this type of system 

 can lead to balanced water management in prairie states. 



OPERATION OF THE NORTH DAKOTA WETLANDS BANK 



The Wetlands Bank in its most limited definition is simnly the accounting system that records 

 acreages of wetlands drained and wetlands created in North Datota, pursuant to Chanter 61, NDCC. 

 The accounting system maintains a net balance of wetland acres for each county, witnin contiguous 

 counties, within each of the four biotic areas of the state, and statewide. 



Operation of the Wetlands Bank is governed bv a number of definitions and rules relative to 

 how wetland acreages are determined, what is credited and what is debited, how the cost of 

 replacement acreages are determined, and other functions necessary to maintain these wetland acreage 

 accounts. 



In operation, the Wetlands Bank is actually the system which performs the many functions 

 necessary to monitor wetland drainage and replacements and ensures uint there is essentially no net loss 

 of wetland acres within North Dakota by maintaining a net balance above the established 2,500 acre 

 deficit limit. By monitoring wetland acreage changes within individual counties contiguous counties, 

 and biotic areas, the Wetlands Bank also serves to target replacement efforts and ensure that 50 percent 

 of the replacement acreage is located in the area of drainage. 



Because of the nearly infinite variety of wetland drainage and replacement projects which the 

 Bank must handle, the operational rules must he flexibly interpreted and applied. Judgments and 

 determinations necessary to implement these rules and operate the Bank are jointly made by the state 

 engineer and the Game and Fish Director. An interagency evaluation team comprised of one person 

 from the state engineer's office and one from the North Dakota Game and Fish Department handle day- 

 to-day debiting and crediting operations. If the team canmn reach agreement, then the state engineer 

 and Director directly resolve the matter. 



