Section 312IAC9.5-3-1. Requests for in-lieu fee

   (a) A person that applies for a permit under IC 14-26-2, IC 14-28-1, or IC 14-29-1 may request to use an in-lieu fee under this article.

  (b) A person must submit the request on a departmental form to the division of fish and wildlife.

  (c) To qualify for approval, the terms proposed in a request must be commensurate with the amount and type of impact that is associated with the project authorized by the permit and must include the following information:

(1) Steps taken to avoid and offset or minimize impacts at the project site.

(2) The reasons for a request to use an in-lieu fee compared to other mitigation, including an explanation of the inability to do mitigation on-site or within the same 8-digit hydrologic unit code area.

(3) A floristic quality assessment of the project site.

(Natural Resources Commission; 312 IAC 9.5-3-1; filed Aug 22, 2014, 11:01 a.m.: 20140917-IR-312130528FRA)