§ 24-48.4. Mitigation plans for projects otherwise acceptable but having adverse environmental impact.

For any project that is otherwise acceptable under the evaluation factors contained herein and permittable under all applicable laws, but that nevertheless results in adverse environmental impact, the applicant shall be required to mitigate this impact. The purpose of mitigation is solely to compensate for unavoidable adverse environmental impacts. Mitigation should not be used to make an otherwise nonpermittable project permittable. Mitigation plans must maximize the preservation of existing natural resources. In determining mitigation procedures the term mitigation includes the following methods, in the order of priority in which they should be utilized:

(1)

Avoiding the impact altogether by not taking a certain action or parts of an action;

(2)

Minimizing impacts by limiting the degree or magnitude of the action or its implementation;

(3)

Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;

(4)

Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;

(5)

Compensating for the impact by replacing or providing substitute resources or environments.

The Department of Environmental Resources Management shall adopt rules by ordinance to implement the foregoing evaluation factors.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55, § 2, 5-6-08; Ord. No. 12-58, § 5, 7-3-12)