EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Chapter 244 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. The board of county commissioners of a county may by ordinance

1-4 establish, use and operate a wetlands mitigation bank in accordance with

1-5 the guidelines set forth in Federal Guidance for the Establishment, Use

1-6 and Operation of Mitigation Banks, as issued by the United States Army

1-7 Corps of Engineers, Environmental Protection Agency, National

1-8 Resources Conservation Service, Fish and Wildlife Service and National

1-9 Marine Fisheries Service in 60 Federal Register 58,605 on November 28,

1-10 1995.

1-11 2. A board of county commissioners that establishes a mitigation

1-12 bank pursuant to subsection 1 may enter into a cooperative agreement

1-13 with a public agency or nonprofit organization for the operation of the

1-14 mitigation bank.

1-15 3. As used in this section:

1-16 (a) "Hydric soil" means soil that, in its undrained condition, is

1-17 saturated, flooded or ponded long enough during a growing season to

2-1 develop an anaerobic condition that supports the growth and

2-2 regeneration of hydrophytic vegetation.

2-3 (b) "Hydrophytic vegetation" means a plant growing in:

2-4 (1) Water; or

2-5 (2) A substrate that is at least periodically deficient in oxygen

2-6 during a growing season as a result of excessive water content.

2-7 (c) "Mitigation bank" means a system in which the creation,

2-8 enhancement, restoration or preservation of wetlands is recognized by a

2-9 regulatory agency as generating compensatory credits allowing the

2-10 future development of other wetland sites.

2-11 (d) "Public agency" has the meaning ascribed to it in NRS 277.100.

2-12 (e) "Wetland" means land that:

2-13 (1) Has a predominance of hydric soil;

2-14 (2) Is inundated or saturated by surface water or ground water at a

2-15 frequency and duration sufficient to support a prevalence of hydrophytic

2-16 vegetation typically adapted for life in saturated soil conditions; and

2-17 (3) Under normal circumstances does support a prevalence of

2-18 hydrophytic vegetation typically adapted for life in saturated soil

2-19 conditions.

2-20 Sec. 2. This act becomes effective upon passage and approval.