HomeMy WebLinkAboutOrdinance 26-012-CCBOARD OF COUNTY COMMISSIONERS
Grant County, Washington
ORDINANCE RELATING TO AN
AMENDMENT TO THE UNIFIED
DEVELOPMENT CODE CHAPTER 25.24 ORDINANCE No. 26- tj/ 2-CC
—MITIGATION BANK REQUIREMENTS
WHEREAS, Adequate accommodations have been made for agencies, individuals and interest
groups to be heard and the Planning Commission has thoroughly considered the testimony in the record,
and;
WHEREAS, the proposed amendments are consistent with adopted Comprehensive Plan goals,
objectives and policies, and do not create adverse impacts to offsite properties, and promote flexibility of
property use, and;
WHEREAS, the Board of County Commissioners have found that the proposal is consistent with
the general purpose and intent of the Grant County Comprehensive Plan; and,
WHEREAS, the Board of County Commissioners has found that, the UDC Amendment will serve
the public use and interest, and;
WHEREAS, Appropriate notice has been given to the Washington State Department of Commerce
Growth Management Services in accordance with RCW 36.70A.106, and;
WHEREAS, the proposed amendments are consistent with the applicable portions of RCW
36.70B, and;
WHEREAS, Grant County Development Services Staff shall have the ability to modify the
approved development code text to ensure proper formatting, spelling, etc. as well as correct any errors that
may be discovered, and;
WHEREAS, the Planning Commission conducted a public hearing on January 7, 2026, and
recommended to the Board of County Commissioners approval of the proposed code amendments, and;
WHEREAS, the Board of County Commissioners held a pre -decision open record public hearing
to consider the recommendation of the Planning Commission on February 3, 2026.
NOW, THEREFORE, BE IT HEREBY ORDAINED THAT the Grant County Board
of Commissioners ADOPT the attached amendments to Grant County Unified Development
Code Chapter 25.24 — Mitigation Bank Requirements; and
BE IT ALSO FURTHER ORDAINED that the effective time and date for these
amendments shall be 5:00 p.m. on the date of BOCC signature.
P25-0196 — UDC 25.24 - Mitigation Bank Requirements - Amendment Ordinance
DATED this day of �` , 2026.
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ar rara J. Vasquez
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BOARD OF COUNTY
COMMISSIONERS
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Kevin Burgess, Chair
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P25-0196 — UDC 25.24 - Mitigation Bank Requirements - Amendment Ordinance
Chapter 25.24
MITIGATION BANK REQUIREMENTS
Sections
Article I. General Provisions — Shrubsteppe Mitigation Banking....................................................1
25.24.010 Background and Purpose..................................................................................................... 1
25.24.020 Interagency Review Team................................................................................................... I
ArticleII.
Certification Process.............................................................................................................1
25.24.030
Decision -Making Procedure................................................................................................1
25.24.040
Purpose of the Prospectus....................................................................................................1
25.24.050
Content of the Prospectus.................................................................................................... 2
25.24.060
Mitigation Banking Instrument............................................................................................ 2
25.24.070
Public Notice....................................................................................................................... 3
25.24.080
Review and Approval of Bank Instrument.......................................................................... 3
ArticleIII.
Bank Establishment...........................................................................................................4
25.24.090
Design Incentives................................................................................................................ 4
25.24.100
Site Selection....................................................................................................................... 4
25.24.110
Permanent Protection........................................................................................................... 4
25.24.120
Credit Description................................................................................................................ 5
25.24.130
Credit Generation................................................................................................................ 5
25.24.140
Release of Credits
25.24.150
Performance Standards........................................................................................................ 5
25.24.160
Service Area........................................................................................................................ 6
25.24.170
Financial Assurance for Long Term Management.............................................................. 6
ArticleIV. Bank Operation..................................................................................................................6
25.24.180 Monitoring and Reporting................................................................................................... 6
25.24.190 Maintenance Plan................................................................................................................ 7
25.24.200 Adaptive Management......................................................................................................... 7
25.24.210 Master Credit Ledger........................................................................................................... 7
ArticleV. Use of Bank Credits........................................................................................................... 7
25.24.220 Use of Bank Credits ...........................................
Article VI. Compliance with Certification.........................................................................................8
25.24.230 Remedial Actions C^mN'��N�� «�ith To,.,�,� ^fra,.�, ^*�^�, 8
�r%rfi-cz�..............................................
25.24.240 Compliance with Required Remedial Actions.................................................................... 8
Article VII. General Provisions - Water Mitigation Banking (RESERVED) ................................... 9
Chapter 25.24 1 December 2025 Amendments
Article I. General Provisions — Shrubsteppe Mitigation Banking
25.24.010 Background and Purpose
(a) Grant County (County) requires compensatoKy mitigation for unavoidable, unintentional, or
intentional impacts to wildlife species and habitat conservation areas. Compensatory mitigation
consists of replacing or providing substitute resources or environments. The County may accept the
purchase of mitigation credits through its shrubsteppe mitigation bank program as fulfillment of the
requirements for compensatory mitigation, once all available and prudent measures have been taken
to avoid, minimize, rectify, and reduce or eliminate over time any impacts to critical areas. The
County supports the use of mitigation banking as a regulatory tool to enhance mitigation outcomes for
impacts to regulated upland and aquatic habitats, consistent with local, state, and federal regulations
Mitigation banks shall be utilized in accordance with their approved Mitigation Banking Instrument
(MBI) and applicable county regulations to support county -approved development projects.
(b) The purpose of this chapter is to adopt rules establishing a county wide process for certifying and
regulating shrubsteppe mitigation banks and to aid in the Count 's goal of achieving- no net loss off'
ecological unctions and values. Approved banks will generate shrubsteppe mitigation credits that
provide compensatory mitigation in advance of unavoidable impacts to shrubsteppe, a priority habitat
per the Washington State Department of Fish and Wildlife (WDFW). Approved banks will
consolidate compensatory mitigation into larger contiguous areas consistent with WDFW uidance
for regionally significant ecological benefits.
25.24.020 Interagency Review Team
(a) The interagency review team (IRT) consists of the County as the IRT chair, County designated staff
or hired consultants and may include other relevant �' parties as
deemed appropriate by the County Director (e.g., WDFW and Columbia Basin Conservation District)
that have technical expertise or regulatory authority in the specific regulated habitat and that choose
to participate in the bank program. The IRT assists in the development of the terms and conditions of
the MBI by participating in negotiations with the Mitigation Bank Sponsor Sponsor) and providing
feedback on bank proposals. The IRT members assist the Sponsor in identifying any permits or
approvals that may be required by their respective agency. The IRT may offer guidance or feedback
on the proposed shrubsteppe mitigation bank related to technical feasibility, operational sustainability,
durability, and ecologically appropriateness.
Article II. Certification Process
25.24.030 Decision Making Procedure
(a) All decisions made by the County will take into consideration IRT and public comments submitted to
the County as part of the certification process. The County will strive to incorporate IRT and public
comments on the terms and conditions of the MBI where practical. Ultimately, the County shall be
responsible for making the final decisions on the bank proposal and final approval of the MBI.
25.24.040 Purpose of the Prospectus
(a) The purpose of the prospectus is to provide a conceptual plan for a bank project The County uses the
prospectus to notify interested state agencies, tribes and the local og vernment of the proposed bank
Chapter 25.24 1 December 2025 Amendments
project. The prospectus initiates dialogue between the County, Sponsor, and IRT members on a
proposed bank project. The County uses the prospectus to make an initial determination on whether
there are critical issues that may affect the ability of the bank to be certified and promptly notify the
Sponsor of specific concerns and if the County is willing to move forward with consideration of a
Banking Instrument.
25.24.050 Content of the Prospectus
(a) At a minimum, the prospectus must contain information on the following elements:
1. The goals and objectives of the project.
2. Location of the project, ct, proximity to existing roads and other landmarks, and a vicinity map
showing location of the proposed site(s�.
3. Detailed site ma that includes parcel numbers, total area of the site, mapped habitat areas and
fish and wildlife habitat conservation areas associated with the project, presence of rights of way,
easements, or other encumbrances.
4. A description of existing conditions of the proposed site(s) including but not limited to: Land
ownership; _(121 Local land use or zoning designation; (c) Current use; (d) Presence of liens,
easements, or other encumbrances.
5. Identification of all buildings, structures, and other built features that would remain on the site
after approval of the bank.
b. Discussion and description of any. alterations or enhancements proposed for the site based on
agency prescribed habitat restoration goals and objectives.
7. Proposed credit generation ratios for the site and total credits anticipated to be generated.
8. Identification and details of proposed permanent protection mechanism, such as a conservation
easement.
9. The proposed ownership arrangements and long-term management strategy for the bank
10. The qualifications of the Sponsor to successfully complete the proposed bank pro'ect(s),
including information describing an s� uch past activities by the Sponsor.
11. Credit descriptions should also demonstrate addition alib�_or otherwise explain how the impact
achieved by the bank would not otherwise occur.
25.24.060 Mitigation Banking Instrument
(b) Following acceptance of the Prospectus by the County, a Mitigation Banking Instrument (MBI) will
be required from the Sponsor that will function as the contract between the Sponsor and the County
on the details of the permitting, establishment, construction, operation, and long-term management of
the mitigation bank site. A Sponsor can be a private or public entity. The MBI will include detail on
all the physical characteristics, legal obligations, operational procedures, credit - generation and credit
transaction tracking and reporting, monitoring, and maintenance requirements for a bank Once the
MBI is approved, the Sponsor will be responsible for the site during the Bank Establishment Period
which starts when the Conservation Easement is placed on the property. The Bank Establishment
period may involve site restoration, maintenance, and monitorinjiz of vegetation After the Bank
Establishment period is completed, the Long -Term Steward will take over responsibility for the site.
Requirements for instruments may vary based on the specific conditions of the bank site but at a
Chapter 25.24 2 December 2025 Amendments
minimum include the following:
1. The goals and objectives of the pro,i ect.
2. Site location and legal description of the bank project and included parcel boundaries, proximity to
existing roads and other landmarks, and a vicinity map showing location of the proposed site(s);
3. A detailed description of existing conditions of the proposed site(s) including but not limited to:
(a) Habitat assessment including a vegetation survey, existing vegetation conditions, soils mapping
and specific WDFW mapped priority species present on the site; (b) Current uses; (c) Presence of
liens, rights of way, easements, or other encumbrances.
4. Identification of all buildings, structures, and other built features that would remain on the site
after construction.
5. A summary of how the bank meets County and resource agency habitat restoration and
reservation. goals and how its design and location are ecolo ig_cally appropriate.
6. A detailed description of the proposed bank site including but not limited to: The bank size and a
detailed analysis of existing habitat conditions across the site and actions that will be taken to
improve specific wildlife and habitat values.
7. Bank establishment timimzr and schedules.
8. Documentation of the ownership of bank lands and a legal description of the bank site.
9. A detailed description of Sponsor responsibilities for bank establishment including information on
permanent conservation easement placement, site monitoring, =protection and reporting, and
identification of long-term maintenance and site stewardship responsibilities, inperetuity.
10. The potential number of credits to be generated by the bank and a credit description.
11. Credit tracking and accounting procedures, including County reporting requirements.
12. Performance standards for determining bank success and credit release process.
13. Monitoring and adaptive management plan and reporting protocols, including a clear statement of
responsibility for conducting the monitoring and reporting
14. The ownership arrangements and long-tenn management plan for the bank with an entity that is
qualified to undertake long-term stewardship in peEpetuity for the site.
15. Provisions for permanent protection of the bank site.
16. Force maieure clause (identification of Sponsor responsibilities in the event of catastrophic events
such as wildfire that are beyond the Sponsor's control
17. A provision stating that legal responsibility for providing the compensatory mitigation lies with
the Sponsor once a permittee secures credits from the Sponsor.
18. Default enforcement and closure provisions.
Chapter 25.24 3 December 2025 Amendments
25.24.70 Public Notice
a) It is the County's goal to ensure that accurate information on the proposed bank MBI is made
available to the public, and to avoid duplicative processes for public comment. The County shall
provide public notice, using an existing; public notice process, or in conjunction with the SEPA
process as appropriate, to solicit comment on the MBI.
25.24.080 Review and Approval of Bank Instrument
a) Upon final review and approval by the County of the MBI, the Sponsor will sign the agreement,
followed by the County. At a minimum, the County shall notify the following entities: The local
jurisdiction(s) where the bank site is located, WDFW, local Tribes, and the public. A signed copy of
the MBI will be made available on the County Is website.
Article III. Bank Establishment
25.24.090 Design Incentives
a) The goal of this guidance document is to encourage the development of banks which utilize best
available science as documented by resource agencies working to protect regulated habitat and
species in Washington State to provide significant and sustainable compensatory mitigation. To
achieve this, incentives have been built into the certification, bank establishment, and credit
generation process to encourage the siting and design of banks that provide significant ecological
benefits to regulated habitat and species in areas identified as high priority y WDFW. The County
shall make decisions regarding the application of specific incentives on a case -by -case basis.
The County may utilize their In Lieu Fee Program and funds collected therein to support the
development of a Mitigation Bank from the onset. Specifically, In Lieu of Fee funds can be applied to
the procurement of land approved as a Bank Site or restoration efforts at the approved Bank Site
consistent with an adopted MBI.
When In Lieu Fee funds are used for acquisition or restoration at a n2itigation bank site, the credit —
debit accounting system shall explicitly accountfor those. Credits generated by actions Landed wholly
or partially with In Lieu Fee payments must be debited in applicable credit ledgers) (e.g., the ILF
program Is a�zd, as applicable, the miti ation bank spon,sor's) and reconciled in the applicable
reo istry to revdotible-counting- and to ensure compensatory mitigation obligations are met.
25.24.100 Site Selection
a) Banks_ must be sited, 'planned, and designed to be self-sustaining over time. The County shall
carefully consider ecological suitability, ecological sustainability, and land use compatibility when
determining if a site is an appropriate location for a bank.
The County shall consider whether the bank location conflicts with local or statewide goals for land
preservation. Strom preference will be given to sites that meet the goals of the Washin ton
Department of Fish and Wildlife's long-tenn strategy for priority habitat restoration.
Chapter 25.24 4 December 2025 Amendments
Site selection preference of a Bank Site will be given to Grant County parcels containing shrubsteppe
habitat designated as "Core Habitat" on the WDFW Washington Shrubsteppe Restoration &
Resiliency Initiative (WSRRI) Mapping Platform.
25.24.110 Permanent Protection
a) A permanent protection mechanism, such as a conservation easement, placed on the title to the bank
Property, held by a Land Trust accredited by the Land Trust Accreditation Commission or suitable
public agency, must be in place before any credits can be released by the County to the Sponsor for
sale.
Terms of the conservation easement must be approved by the County to ensure that the conservation
values of the bank site are monitored, protected and enforced in Perpetuity by a responsible,
financially viable third party.
(b) In addition to the Conservation Easement, the MBI must include a lon4-term stewardship plan that
will be implemented by the long-term steward in perpetuity after the establishment period is ended.
The long-term Stewardship plan will be implemented by the Long Term Steward, supported by a
team of stakeholders that are experienced in managing habitat. The plan must include a description of
long-term management needs, annual cost estimates for these needs, and identify the funding
mechanism that will be used to meet those needs in perpetuity.
The MBI may contain provisions allowing the Sponsor to transfer the long-term stewardship
responsibilities for the bank site to a land stewardship entity, such as a public agency.)
nongovernmental organization, land trust or private land manager, after review and approval by the
County. This land stewardship entity need not be identified in the MBI, as long as the future transfer
of long-term stewardship responsibility is approved by the County and implemented before the final
25% of credits from the bank are awarded to the Sponsor.
The owner of a bank property may not complete any conveyance of title, easement, lease, or other
interest directly related to the bank without adequate and complete provision for the continued
management of the bank property -as specified in the MBI.
25.24.120 Credit Description
a) The Sponsor must provide a description of what the credit values represent in the MBI. Credit
generation may be based on area ratios of different restoration actions undertaken at the bank to area
of impact at the impact site. Credit values may also be based on functional assessment methods
determining the functions and values at the bank site and the functions and values at the impact site
Credit values are expected to vary based on land use categoly i.e., residential, commercial or
industrial) at the impact site and the quality of the1 habitat/mapped habitat present at the impact site.
Credit values may be modified or converted to another currency based on the shrubsteppe habitat
functions restored at the bank site and the functions impacted at the impact site, if future guidance or
policies support other forms of functional assessment methods.
Chapter 25.24 5 December 2025 Amendments
25.24.130 Credit Generation
(a) The County will be responsible for determining the appropriate credit values associated with the
restoration actions and long-term stewardship of a bank. These factors will determine the credit use
ratios. In all cases the County will determine and approve specific credit ratios based on the overall
ecological function and condition of the mitigation area, potential of enhancement, restoration and
connectivity to other core shrubsteppe habitat, effectiveness of protection and preservation and other
relevant factors that would contribute to the overall improvement and long-term success of the bank
25.24.140 Release of Credits
(a) The MBI shall include the process and schedule for the release of credits to the Sponsor by the
County, which shall be tied to performance standards approbate for the mitigation activities
undertaken..
• - • • •
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25.24.150 Performance Standards
(a) The development of Performance Standards shall be incorporated into the MBI. Performance
Standards are goals, objectives, and commitments of the formed Mitization Bank. The success of
the Mitigation Bank will be derived from the conformance of the established Performance
Standards. Examples of Performance Standards include but are not limited to the following:
percent reemitment of native vegetative assemblages; survival percentage of installed_ native
plantings; reduction percentage of invasive or weedy species; percent increase of overall aerial
vegetative species cover; and documented presence of specific wildlife species. Performance
Standards are tracked over the established monitoring period / bank establishment period
stipulated in the MBI i ,and will
continue until a minimum often nears or the desired ecological uplift is achieved.
25.24.160 Service Area
(a) The County will determine the appropriate service area for proposed banks. Out of service area credit
transfers are allowed as long as the regulatory entities involved are aware of and approve the transfer.
The Sponsor must provide a detailed text description and a map of the bank's proposed service area in
the MBI. Generally, the service area for a mitigation bank would be the political boundary of Grant
County and include the local jurisdictions contained within.
25.24.170 Financial Assurance for Long Term Manallement
(a) The County will require financial assurances for the long-term stewardship of a bank site The
Sponsor must provide the department with a written stewardship plan with an estimate of the costs,
including an allowance for inflation Qmnjz forward in time. The Sponsor must document how
sufficient funds for the anticipated long-term stewardship costs will be provided.
Chapter 25.24 6 December 2025 Amendments
Appropriate long-term financing mechanisms include, but are not limited to, nonwasting
endowments, trusts, contractual arrangements with future responsible parties, and other appropriate
financial instruments.
In cases where the long-term stewardship entity is a public authority or ,government agency., that
entity must provide a plan for the long-term financing of the bank site. If the ownership of the site is
transferred in the future, the financial mechanism for lonz-term stewardship must remain with the
entity responsible for the long-term stewardship of the bank site.
Article IV. Bank Operation
25.24.180 Monitoring and Deporting
(a) The goal of monitoring_ a bank site is to:
1. Document changes to the baseline conditions at the site.
2. Document the condition of the site as it develops over time.
3. Provide early identification of problems in the site's develonment that would tri�4�4er potential
adaptive management activities.
(b) The Sponsor must develop a monitoring_ plan and include it in the MBI. The monitoring plan must
include, but is not limited to:
1. A description of the variables that will be monitored, a description of the methods or protocols
used to monitor those variables, and how they will be evaluated.
2. A schedule of monitoring including the time of year, frequency, and duration.
3. A description and map of photo points or other methods such as drone photography, documenting
the site conditions.
25.24.190 Maintenance Plan
(a) Ongoing maintenance activities that may be required during the life of the bank should be
documented in the MBI. These activities may include, but are not limited to, control of invasive
species, seeding of native species, fence and signa e repair, trail or road maintenance.
25.24.200 Adaptive Mannernent
(a) Each MBI must include an adaptive manage ent plan. The adaptive mane ement plan for a bank site
must include the following elements, but is not limited to:
1. Identification of potential causes for site failure or changes that would trigger adaptive
management.
2. A management strategy to address unforeseen changes in site conditions.
3. The Sponsor's responsibilities and process for reporting and implementing adaptive management
activitieSs_
Chapter 25.24 7 December 2025 Amendments
The Sponsor shall notify the County within thirty days if adaptive management activities are
implemented to address unforeseen problems with site conditions.
25.24.210 Master Credit L,eder
(a) The County shall maintain a master ledger for each bank and must cross-check the Sponsor's annual
ledger against the master ledger. The Sponsor is required to submit a copy of the ledger to the County
with each credit transaction and then annually if any transactions have occurred. The County will
apply administrative fees to the Sponsor for bank use fees and recording keeping. The County's
administrative fees will not exceed 10% of the mitigation credit fee.
The County must notify the Sponsor within sixty days of receipt of the Sponsor's annual ledger if the
ledger conflicts with the master ledger. At a minimum the ledger must document the number and date
when credits are received and then for each transaction, the date, the name, address and phone
number of the purchaser, the permit numbers and regulatory agencies that the credits are being
transferred to, a description of the impact and the number of credits transferred. The Sponsor is
responsible for reconciling any discrepancies between the Sponsor's ledger and the County's master
ledger. If the Sponsor fails to resolve any discrepancies, the County may suspend the further use of
available credits -
Article V. Use of Bank Credits
25.24.220 Use of Bank Credits
(a) Banks are a preferable option for compensating_ for authorized impacts to regulated habitat areas. Use
of a bank can help reduce risk and uncertaint1 as well as temporal loss of resource functions and
services when used to compensate for authorized impacts. Banks can also site mitigation in areas that
have more value to ecosystem functions. Projects located within the bank's service area are eligible to
apply to use credits from a bank to compensate for authorized unavoidable impacts. The permitting
agencies determine whether the use of credits from a bank provides appropriate compensation for a
debit project's unavoidable impacts in the project permitting process. Purchase of bank credits may
be a condition of permit approval and be required as a condition before construction may begin.
Additionally, the County has the option to utilize previously collected funds associated with its In
Lieu Fee program to purchase available bank credit in cases where such funds are unable to be
expended on other mitigation related projects within a reasonable period of time.
Article VI. Compliance with Certification
25.24.230 Remedial Actions
(a) It is the County's goal during the bank establishment period to ensure that the creation and operation
of a bank is consistent with the terms and conditions of the certification as specified in the MBI. If a
bank does not attain the required conditions or document attainment of performance standards or
meet other requirements specified in the MBI, the Sponsor shall implement additional adaptive
management activities. If such activities do not achieve compliance within a reasonable time, the
County may require remedial actions, which may include additional adaptive management activities
or other activities necessary to achieve compliance.
Chapter 25.24 8 December 2025 Amendments
If the Sponsor determines that the bank will not attain performance standards, the Sponsor shall notify
the County. The notification must include: a A clear statement of the issue; (b) Supporting
documentation of the problem, such as photographic evidence, documentation from field reviews, the
submitted monitoring report, or the credit release petition; and (c) Recommendations for remedial
actions or other alternatives to address the problem. If the County determines that remedial actions
are necessM:(a) The County shall consult with the signatories and long term steward to determine
appropriate remedial actions; (b) During consultation, the signatories and long term steward may
recommend remedial actions to the County and may comment on remedial actions proposed by the
County; and (c) The County shall consider the_ recommendations and comments of the signatories,
and long term steward if any, and shall make the final decision regarding appropriate remedial
actions. The County shall issue, in writing, its determination for required remedial actions to the
Sponsor, the signatories, and long-term steward.
25.24.240 Compliance with Required Remedial Actions
a) If the Sponsor does not complete the required remedial actions within the schedule specified by the
County, the County must send a notice of noncompliance to the Sponsor, signatories, and long-term
steward. The Sponsor must respond in writing to the County within thirty days of receipt of the
notice. The response shall include an explanation of why the Sponsor has not implemented the
required remedial. actions and a proposed schedule for completion. The Count, in consultation with
the long-term steward, shall determine whether the reasons provided by the Sponsor constitute
extenuating circumstances and shall determine whether to extend the schedule for implementing
remedial actions. If the County determines that the schedule should be extended, the County must
notify the Sponsor in writing. If the County determines that the schedule should not be extended, the
County must notify the Sponsor by certified mail with a return receipt requested that it intends to
proceed with one of the following actions: Adjust the total number of potential credits at the bank; or
suspend the use and sale of available credits at the bank.
Article VII. General Provisions — water Mitigation Banking (RESERVED}
Chapter 25.24 9 December 2025 Amendments