Summary


In response to comments received during the comment period, additional clarifying language and minor changes are made to this rule. These changes include: adding language to clarify that the mitigation ratio of 4:1 is recommended, not mandated on other agencies by this rule; clarifying how the cost per credit will be determined; adding language to clarify that credits can be earned through preservation of occupied habitats in the conservation bank program; clarifying that credits would be available for use again when the disturbance they are off-setting has returned to a functional habitat; clarifying that in-lieu fee payments in the state sponsored program will not be used to preserve habitats; adopting conservation easement definition from Title 57, Chapter 18; adding definition for bank manager; adding requirement for conservation bank agreements to be recorded with counties; clarifying language on adaptive management strategies; and adding language requiring draft conservation easement language will be a part of the application process. (EDITOR'S NOTE: The original proposed new rule upon which this change in proposed rule (CPR) was based was published in the December 1, 2017, issue of the Utah State Bulletin, on page 67. Underlining in the rule below indicates text that has been added since the publication of the proposed new rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.)