Plain Text Law

Regulation .07 Fee In Lieu.

Regulation .07 Fee In Lieu.Copy Citation

A local jurisdiction shall:
A.
Collect at least $1.50 per square foot of mitigation as required in Regulation .06 of this chapter;
B.
Ensure the fee is adequate to cover the cost associated with administration, acquisition, planting, monitoring, and maintenance for the required mitigation or required planting requirements of Regulation .04D and F of this chapter;
C.
Establish a separate account independent of other Critical Area funds, which may not revert to a local jurisdiction’s general fund, for the collection of the fee in lieu;
D.
Prohibit the use of the fees to meet other landscaping requirements; and
E.
Use the fees to accomplish:
(1)
Off-site plantings in accordance with the options provided in Regulation .06A(1) of this chapter; or
(2)
Other water quality and habitat enhancement projects provided in Regulation .06A(2) of this chapter, and as described in a local Critical Area program approved by the Commission or in an agreement between the local jurisdiction and the Commission.