Sec. 32-234. Nontidal Wetland Compensation Fund
Codified through Bill No. CB-018-2026, adopted May 12, 2026, effective July 24, 2026. Source: Municode, Supplement 2026 Update 2. Editorial notes and legislative history omitted.
Prince George's County, Md., Code § 32-234 (2026)
Sec. 32-234. Nontidal Wetland Compensation FundLinkCopy Citation
(a)
The Department may accept monetary compensation if it determines that mitigation for nontidal wetland loss is not a feasible alternative. Monetary compensation may not be suitable for the requirement to first avoid adverse impacts and then to minimize nontidal wetland losses.
(b)
When a permittee maintains that mitigation is not a feasible alternative based on the requirements of Subsection (c), the permittee shall propose that the Department accept monetary compensation. A proposal for acceptance of monetary compensation shall be submitted as part of a Phase I Mitigation Plan.
(c)
Monetary compensation may be accepted under one or more of the following circumstances:
(1)
The size of the nontidal wetland loss is less than one (1) acre;
(2)
In-kind mitigation is technically not feasible; or
(3)
An acceptable mitigation site cannot be located within the County. The permittee shall demonstrate compliance with Section 32-231, including submission of the following information:
(A)
Number of sites evaluated. A minimum of seven (7) sites is required;
(B)
A map and description of sites rejected;
(C)
Justification of why each site was unsuitable for mitigation; and
(D)
Other information required by the Department;
(4)
The Department recommends use of the compensation fund.
(d)
Monetary compensation proposals may be rejected if the Department determines that:
(1)
Mitigation requirements can be fulfilled on-site; or
(2)
Conditions in Subsection (c) are not fulfilled.
(e)
The Department shall render decisions on proposals to accept monetary compensation based on subsection (b) as part of a final permit decision.
(f)
The Nontidal Wetland Compensation Fund shall include:
(1)
Monetary compensation paid by a permittee instead of engaging in the creation, restoration or enhancement of nontidal wetlands;
(2)
Civil or criminal penalties imposed by a court pursuant to Sections 32-236 or 32-237; and
(3)
Other monetary contributions to the fund from other sources.
(g)
Funds in the Nontidal Wetland Compensation Fund may only be used for the creation, restoration or enhancement of nontidal wetlands. This includes the location and acquisition of land, design, construction, monitoring, maintenance and the development of mitigation plans.
(h)
The Department may base monetary compensation on anticipated costs for development and construction of mitigation projects, including location and acquisition of land, design, maintenance and monitoring costs. The Department may use the following to determine costs:
(1)
Land acquisition costs derived from fair market value of the converted nontidal wetland by the permittee, based on at least two independent appraisals or other evidence
of land value which may be acceptable to the Department;
(2)
Design costs derived from a percentage of construction costs or actual costs for projects similar in size and complexity that have been completed by other permittees or the Department;
(3)
Construction costs derived on a case by case basis, taking into account the following factors:
(A)
Nontidal wetland type, size and functions;
(B)
Amount of planting, grading and other site preparations; and
(C)
Costs of similar mitigation projects completed by other permittees or the Department; and
(4)
Monitoring and maintenance costs derived from a percentage of construction costs or actual costs for projects similar in size and complexity completed by other permittees or the Department.
(i)
Funds credited, and any interest accrued, to the Nontidal Wetland Compensation Fund shall remain available until expended, and may not revert to the General Fund or to the Stormwater Enterprise Fund.
(j)
The Department shall prepare an annual report by the end of the County's fiscal year on the Nontidal Wetland Compensation Fund that includes an accounting of:
(1)
Financial receipts and expenditures to and from the fund; and
(2)
Mitigation projects completed and in progress.
(k)
The Department shall provide a copy of the annual report to the County Council, MDNR, and make it available to the general public.