(a) In accordance with the provisions of this subchapter, upon the approval of the Arkansas Natural Resources Commission, the Department of Agriculture shall initiate and implement a program for mitigation banks.(b)(1) The commission shall adopt, by rule, standards and criteria for the site selection process, operation, and evaluation of mitigation banks.(2) Criteria to be considered shall include, but need not be limited to:(A) Historical aquatic resources trends, including the estimated rate of current and future losses of the respective types of aquatic resources;(B) The contributions of the aquatic resources to:(i) Wildlife, migratory birds, and resident species;(ii) Commercial and sport fisheries;(iii) Surface and groundwater quality and quantity and flood moderation;(iv) Habitat and species diversity;(v) Outdoor recreation, including enhancement of scenic waterways; and(vi) Scientific and research values;(C) Location of a mitigation bank in relation to the:(i) Location of permit actions where mitigation banks might be used;(ii) Probability of establishing successful mitigation bank projects; and(iii) Maximization of aquatic resources functions and values; and(D) Regional mit actions where mitigation banks might be used;(ii) Probability of establishing successful mitigation bank projects; and(iii) Maximization of aquatic resources functions and values; and(D) Regional economic needs.(c) For each mitigation bank, the Department of Agriculture shall establish a well-defined plan, including preliminary objectives, an inventory of resource values, and an evaluation and monitoring program.(d) Lands for the mitigation bank shall not be acquired by condemnation.Amended by Act 2019, No. 910,§ 80, eff. 7/1/2019.Acts 1995, No. 562, §§ 4, 5; 2007, No. 476, § 4.
Arkansas Legal Code