THE GEOGRAPHY OF TRADING ECOSYSTEM SERVICES: A CASE STUDY OF WETLAND AND STREAM COMPENSATORY MITIGATION MARKETS. Philip Womble & Martin Doyle

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1 THE GEOGRAPHY OF TRADING ECOSYSTEM SERVICES: A CASE STUDY OF WETLAND AND STREAM COMPENSATORY MITIGATION MARKETS Philip Womble & Martin Doyle Appendix I: Mitigation Bank Service Area Size Requirements or Preferences by U.S. Army Corps of Engineers Regulatory District Hard districts Army Corps District *Buffalo (NY, OH) Service Area Boundary Type Details OH: 37 state-defined service areas based on 44 s. Case-by-case exceptions considered. combinations used for category 2 and 3 wetlands (higher quality). Category 1 wetlands replaced in OH, within district. OH rule lists service area exceptions for linear projects. 1 NY: preferred. 2 Charleston (SC), HUC- 3, Level IV Ecoregion preferred for primary service area, but decided case-by-case. Use of secondary/tertiary service area depends on bank site. Adjacent (secondary service area), nonadjacent (tertiary service area) s in same HUC-3 and Level IV ecoregion considered. In nearly all cases, no credit use outside service area. 3 Chicago (IL, Corps-defined Service area is one of two designated 1 OHIO ADMIN. CODE 3745:1-54(D)(2), 3745:1-54(E)(1)(c), 3745:1-54(F) (2003); OHIO REV. CODE ANN , (West 2001); Appendix II, notes Appendix II, notes 22, 56 57; see also N.Y. STATE DEP T OF ENVTL. CONSERVATION, FRESHWATER WETLANDS REGULATION GUIDELINES ON COMPENSATORY MITIGATION 4 5, 9 (1993), available at 3 CHARLESTON DIST., U.S. ARMY CORPS OF ENG RS ET AL., JOINT STATE/FEDERAL ADMINISTRATIVE PROCEDURES FOR THE ESTABLISHMENT AND OPERATION OF MITIGATION BANKS IN SOUTH CAROLINA 8 (2002), available at regulatory/mitigation/establishment_operation_mitigation_banks_sc-sept-2002.pdf; Appendix II, note 5.

2 A2 Harvard Environmental Law Review [Vol. 36 IN) Detroit (IN, MI) Fort Worth (TX) watershed, county, IN:, county MI: statedefined subwatersheds, watersheds, and Albert ecoregions HUC-6, Level III Ecoregion watersheds: Upper Mississippi or Lake Michigan. Case-by-case consideration of credit use outside of watershed. Some counties require compensatory mitigation within boundaries or higher credit ratios for use outside of the county. 4 IL state-funded impacts almost always require higher credit ratio for banks outside of (2, 3, or 5.5 depending on severity of impact). 5 IN: Service areas are ; one is divided into two service areas by grouped HUC-11s. If bank drains to two s, service area may be expanded. Exceptions to considered case-by-case when practicable. Credit use outside of service area permitted case-by-case by Corps, IDEM, IDNR; requires higher credit ratio. Isolated wetlands require replacement in or county. 6 MI: State-assumed 404 program uses state-defined subwatersheds, watersheds, and Albert ecoregions for service areas. May require location-specific functions to be compensated nearby and allow remaining functions to use more distant bank credits. Higher ratios may be applied for compensatory mitigation of a different ecological type. 7 Primary service area is overlap of HUC-6 and Level III ecoregion. Secondary service area is either same HUC-6 and different 4 CHI. DIST., U.S. ARMY CORPS OF ENG RS, INTERAGENCY COORDINATION AGREEMENT ON MITIGATION BANKING WITHIN THE REGULATORY BOUNDARIES OF THE CHICAGO DISTRICT, CORPS OF ENGINEERS 7 8, 24 (2008), available at Appendix II, note 6. 5 ILL. ADMIN. CODE tit. 17, , (c)(8) (1997); Appendix II, note LOUISVILLE DIST., U.S. ARMY CORPS OF ENG RS ET AL., INTERAGENCY COORDINATION AGREEMENT ON WETLAND MITIGATION BANKING WITHIN THE STATE OF INDIANA 4, 6, (2002), available at IND. ADMIN. CODE (c) (2005); Appendix II, notes 7, 44, MICH. ADMIN. CODE r (3),(4) (1997); MICH. ADMIN. CODE r (7) (1988); Appendix II, note 50.

3 2012] Womble & Doyle, The Geography of Trading Ecosystem Services: Appendix I A3 Level III ecoregion, or same Level III ecoregion and different HUC-6. Use of secondary service area requires credit ratio multiplier of 1.5. Open to case-by-case exceptions. 8 Huntington (OH portion) 37 state-defined service areas based on 44 s. Case-by-case exceptions considered. combinations used for category 2 and 3 wetlands (higher quality). Category 1 wetlands replaced in OH, within district. OH rule lists service area exceptions for linear projects. 9 Jacksonville (FL) Kansas City (MO portion) Modified, HUC- 6 EDU, Service areas created case-by-case. Usually start with regional watershed (HUC-6 or ), remove smaller HUCs not appropriate for bank. IRT also considers ecoregions for unique habitat. 10 FL statute only allows credit use outside of service area for impacts partially in service area, linear impacts, and projects with total impacts under 1 acre. 11 Higher credit ratio out of service area used about 50% of the time. 12 EDU is the largest possible service area for banks. Likely would allow credit use outside service area if accompanied by higher ratio. 13 MO may require higher credit ratios 8 Appendix II, note 8. 9 OHIO ADMIN. CODE 3745:1-54(D)(2), 3745:1-54(E)(1)(c), 3745:1-54(F) (2003); OHIO REV. CODE ANN , (West 2001); Appendix II, notes 11, JACKSONVILLE DIST., U.S. ARMY CORPS OF ENG RS, SECTION 4 SERVICE AREAS/IN- KIND VS. OUT-OF-KIND DETERMINATION 4-1 (1998), available at see also FLA. STAT (6) (2010); FLA. STAT (8) (2010); FLA. ADMIN. CODE ANN. r (2001); Appendix II, notes 12, FLA. STAT (6)(d) (2010); Appendix II, note Appendix II, note Appendix II, note 13.

4 A4 Harvard Environmental Law Review [Vol. 36 for banks outside of ; exceptions allowed for linear impacts. 14 Little Rock (AR, MO) Los Angeles (AZ, CA) Mobile (AL, MS), AR Wetland Planning Region (WPR), statedefined watersheds, urban area, 40- mile radius strongly preferred; credit ratio doubled outside of. May consider larger service areas case-by-case. 15 MO may also require higher credit ratios for banks outside of ; exceptions allowed for linear impacts. 16 AR prefers bank use in same WPR (state-defined biogeographical regions, larger than ). 17 is initially considered and then bank characteristics are used case-by-case to determine service area variations (generally similar or smaller). Stricter service areas in coastal regions. 18 CA prefers use of statedefined watersheds. Occasionally, CA rule for Central Valley banks (in Sacramento Corps District) restricting credit sales in qualifying urban area and 40-mile radius may apply outside of Central Valley; also may set service area based on geographic range of particular ecological resource (e.g. vernal pools). 19 Mitigation ratio unaltered in same, Proximity Factor Method used to raise credit 14 WATER POLLUTION CONTROL PROGRAM, MO. DEP T OF NATURAL RES., STATE OF MISSOURI AQUATIC RESOURCES MITIGATION GUIDELINES 4 5 (1998), available at Appendix II, note Appendix II, note MO. DEP T OF NATURAL RES., supra note 14, at 4; Appendix II, note Appendix II, note 39; see also Arkansas Wetland Conservation Plan, ARK. MULTI- AGENCY WETLAND PLANNING TEAM WEBSITE, (last visited Feb. 5, 2012) (on file with the Harvard Law School Library); State Wetland Strategy, ARK. MULTI- AGENCY WETLAND PLANNING TEAM WEBSITE, (last visited Feb. 5, 2012) (on file with the Harvard Law School Library). 18 Appendix II, note California Watersheds Map, CAL. DEP T OF WATER RES. WEBSITE, (last visited Feb. 5, 2012) (on file with the Harvard Law School Library); CAL. FISH & GAME CODE 1779, , 1786(b)(2) (West 2012); CAL. WATER CODE 13200(g) (West 2009); Appendix II, note 40.

5 2012] Womble & Doyle, The Geography of Trading Ecosystem Services: Appendix I A5 *New York (NJ, NY) NJ: HUC-11, NJ Watershed Management Area (WMA) NY: ratio outside of. Use of credits outside of river basin discouraged, accompanied by additional ratio of NJ: State-assumed 404 program. Typically use WMA (state-defined HUC-11 combinations). NJ siting criteria control bank use in freshwaters by integrating bank, permittee-responsible, and ILF options by HUC-11 and WMA. Tidal banks may vary. Credit use normally not permitted outside service area. 21 NY: IRT prefers. 22 Norfolk (VA) VA state law limits service areas to same or adjacent in same river basin. Exceptions allowed for specified government transportation projects. IRT preference for service areas in same physiographic province and IRT may use ecoregions. 23 Philadelphia (NJ portion) HUC-11, NJ: WMA State-assumed 404 program. Typically use WMA (state-defined HUC-11 combinations). NJ siting criteria control bank use in freshwaters by integrating bank, PRM, and ILF options by HUC-11 and WMA. Tidal banks may vary. Credit use 20 MOBILE DIST., U.S. ARMY CORPS OF ENG RS, PROXIMITY FACTOR METHOD 1 4 (2009), available at Method.pdf; Appendix II, note N.J. ADMIN. CODE 7:7A-15.5, 7:7A-15.6, 7:7A-15.25(b)v, 7:7E-3.15(h) (2009); New Jersey Wetland Mitigation Banks and Their Service Areas, DIV. OF LAND USE REGULATION, NEW JERSEY DEP T OF ENVTL. PROT., (last visited Feb. 6, 2012) (on file with the Harvard Law School Library); Appendix II, notes Appendix II, note VA. CODE ANN :23A (2008); NORFOLK DIST., U.S. ARMY CORPS OF ENG RS, VIRGINIA OFF-SITE MITIGATION LOCATION GUIDELINES 1 (2008), available at a%20offsite%20mitigation%20site%20selection%20guidelines.pdf; Appendix II, notes 23, 63.

6 A6 Harvard Environmental Law Review [Vol. 36 normally not permitted outside service area. 24 Pittsburgh (OH portion) 37 state-defined service areas based on 44 s. Case-by-case exceptions considered. combinations used for category 2 and 3 wetlands (higher quality). Category 1 wetlands replaced in OH, within district. OH rule lists service area exceptions for linear projects. 25 Portland (OR) Rock Island (IA, IL, MO) HUC-10, IA, IL:, HUC-6, MO/MS River divide, EDU MO: EDU, is generally preferred, but bank characteristics may allow exceptions, e.g., use of HUC-10. Ecoregions are also considered. Credit use allowed outside of service area with justification and adjusted credit ratio. 26 OR does not allow banks to provide estuarine compensation outside of estuarine systems. 27 IA: Service area is and adjacent s within the same EDU and same HUC-6. Credit ratio outside of service area doubles; limits on use outside of service area include crossing MO/MS River divide, being more than one away and outside of the HUC-6 or EDU, and crossing a HUC-6 and EDU boundary. 28 IL: IA service area preference may be modified based on bank characteristics. IL state-funded impacts almost always require higher credit ratio for 24 N.J. ADMIN. CODE 7:7A-15.5, 7:7A-15.6, 7:7A-15.25(b)v, 7:7E-3.15(h) (2009); New Jersey Wetland Mitigation Banks and Their Service Areas, supra note 21; Appendix II, notes OHIO REV. CODE ANN , (West 2001); OHIO ADMIN. CODE 3745:1-54(D)(2), 3745:1-54(E)(1), 3745:1-54(F) (2011); Appendix II, notes OR. REV. STAT (8), (3)-(4) (2009); Do You Want to Be a Mitigation Banker?, WETLANDS/WATERWAY REMOVAL-FILL OFFICE, OR. DEP T OF STATE LANDS, (last visited Feb. 6, 2012) (on file with the Harvard Law School Library); Appendix II, notes 27, OR. REV. STAT (4) (2009). 28 Appendix II, notes

7 2012] Womble & Doyle, The Geography of Trading Ecosystem Services: Appendix I A7 Savannah (GA) Seattle (WA) St. Paul (MN, WI) WA Water Resource Inventory Areas (WRIA) WI: WI Geographic banks outside of (2, 3, or 5.5 depending on severity of impact). 29 MO: EDU is largest acceptable service area, may be smaller in urban or significant resource areas. MO may require higher credit ratios for banks outside of ; exceptions allowed for linear impacts. 30 Primary service area is and secondary service area is generally an adjacent identified by district, which is modified when poor downstream options exist. Higher ratios are generally applied for credit use outside of ecoregion or watershed. 31 Case-by-case determination of service areas based on bank location, ecological needs, and landscape position; service areas are limited by WRIA, but rarely encompass entire WRIA. Exceptional circumstances may merit including part of adjacent WRIAs. Estuarine impacts are not replaced at freshwater banks. Rarely is case-by-case use outside service area considered; WA rules allow credit use outside service area for linear projects or when environmentally preferable. 32 WI: Service area is GMU, county, and 20- mile radius. Banks may request smaller 29 ILL. ADMIN. CODE tit. 17, , (c)(8) (1997); Appendix II, notes 28 29, WATER POLLUTION CONTROL PROGRAM, MO. DEP T OF NATURAL RES., supra note 14, at 4; Appendix II, notes 28 29, SAVANNAH DIST., U.S. ARMY CORPS OF ENG RS, GUIDELINES ON THE ESTABLISHMENT, OPERATION, AND USE OF WETLAND AND STREAM MITIGATION BANKS IN GEORGIA 6 (2006), available at Draft, Mitigation Bank Service Areas, SAVANNAH DIST., U.S. ARMY CORPS OF ENG RS, (last visited Feb. 11, 2012) (on file with the Harvard Law School Library); Appendix II, note WASH. ADMIN. CODE , -302, -502 (2009); Appendix II, note 33.

8 A8 Harvard Environmental Law Review [Vol. 36 Vicksburg (AR, LA, MS) Walla Walla (ID) #Wilmington (NC) Management Units (GMU), counties, 20- mile radius, city MN: MN statedefined service areas, MN minor/major watersheds, counties, Minneapolis- St. Paul sevencounty area, state, AR WPR, physiographic region, state- service areas. One city requires compensatory mitigation in city. 33 MN: Banks use state-defined service areas; availability determined by MN siting criteria integrating bank and permittee-responsible options by state-defined minor watershed, major watershed, service area, county, metropolitan area, and state. MN criteria consider historical wetlands losses and provide credit ratios. More flexible siting provisions used for public transportation impacts. 34 Primary service areas generally coincide with ; secondary service areas include one or a maximum of two adjacent s. Exceptions would be discussed case-by-case. 35 AR prefers bank use in same WPR (state-defined biogeographical regions, larger than ). 36 service areas are required in developed areas and smaller service areas are considered case-by-case in very developed areas. In rural areas, larger areas may be permitted. 37 In most cases, service area confined to and physiographic region; exceptions permitted. NC and Corps prefer 33 WIS. DEP T OF NATURAL RES., ET AL., GUIDELINES FOR WETLAND COMPENSATORY MITIGATION IN WISCONSIN 10, 35 (2002), available at Appendix II, notes 35, MINN. R , (4), (7), (2009); Appendix II, notes 35, Appendix II, note ARK. MULTI-AGENCY WETLAND PLANNING TEAM, ARKANSAS WETLAND STRATEGY (1997) (on file with author); Appendix II, note Appendix II, note 38.

9 2012] Womble & Doyle, The Geography of Trading Ecosystem Services: Appendix I A9 defined river basin/subbasin, watershed, water supply watershed stream compensation within one stream order, of similar habitat designation, and in same and physiographic province. NC prefers compensatory mitigation for Class WL wetlands in same river basin, physiographic province; compensatory mitigation for Class SWL wetlands and wetlands contiguous to Outstanding Resource Waters, High Quality Waters, Class SA waters, Class WS-I waters, Class WS-II, Trout waters, or North Carolina or National Wild and Scenic Rivers in same river sub-basin; compensatory mitigation for wetlands of exceptional national or state ecological significance, including Class UWL wetlands or wetlands that provide essential habitat for state or federally listed threatened/endangered species in same watershed; compensatory mitigation for wetlands adjacent to WS-I, WS-II, or WS-III waters in same water supply watershed. When Corps service areas differ from NC preferences, NC can accept Corps standards. NC also prefers isolated wetland/water compensatory mitigation in same river basin, physiographic province N.C. GEN. STAT (21) (1993); 15A N.C. ADMIN. CODE 02H.0506(c)-(e), 02H.0506(h) (1996); 15A N.C. ADMIN. CODE 02B.0101 (1996); 15A N.C. ADMIN. CODE 02H.1305(c)(6)(C), 02H.1305(g)(8) (2003); WILMINGTON DIST., U.S. ARMY CORPS OF ENG RS, REVISED FRAMEWORK FOR MITIGATION REVIEW IN NC 6 (2008) (on file with author); WILMINGTON DIST., U.S. ARMY CORPS OF ENG RS, ET AL., STREAM MITIGATION GUIDELINES (2003), available at DEP T OF WATER RES., N.C. DEP T OF ENV T AND NATURAL RES., APPENDIX B: MAJOR RIVER BASINS & SUB- BASINS IN NORTH CAROLINA, map.pdf (last visited Feb. 6, 2012); N.C. GEOLOGICAL SURVEY, DIV. OF LAND RES., DEP T OF ENV T AND NATURAL RES., PHYSIOGRAPHY OF NORTH CAROLINA (2004), available at DIV. OF WATER QUALITY, N.C. DEP T OF ENV T AND NATURAL RES., WATER SUPPLY WATERSHEDS (2008), available at me=dlfe pdf.

10 A10 Harvard Environmental Law Review [Vol. 36 Soft districts Army Corps District Service Area Boundary Type Details Alaska (AK) Case-by-case IRT determines service areas case-by-case. 39 Albuquerque (CO, NM, TX) Baltimore (MD, PA) Galveston (LA, TX) Case-by-case, HUC- 6, county, HUC-6 Level III Ecoregion, LA hydrologic basin, parish Varying watershed scales used depending on bank characteristics. 40 Case-by-case determinations. considered first, may evaluate HUC-6 for rural banks, IRT in MD also considers county. 41 Current single-user banks use county boundaries. 42 IRT in MD also allows case-by-case use of banks outside of service area. 43 Case-by-case determinations. HUC-6 typically is primary service area, adjacent s are secondary service area. Level III ecoregion may define primary service area if it divides immediate HUC-6. Secondary service area may be outside HUC-6 or ecoregion, but not both. Secondary service area also requires higher credit ratio, e.g., 1.5. Service area may be limited by wetlands type (tidal/nontidal). 44 In coastal zone of LA, compensatory mitigation required in hydrologic basin if possible (larger than ); some parishes also require compensation within their boundaries Appendix II, note Appendix II, note PA. CODE a(a)(3) (1991); BALT. DIST., U.S. ARMY CORPS OF ENG RS ET AL., MARYLAND COMPENSATORY MITIGATION GUIDANCE (1994) (on file with author); Appendix II, notes 3, 49, Appendix II, note Appendix II, note Appendix II, note LA. ADMIN. CODE tit. 43, pt (J)(4)(d) (2002); Appendix II, note 47.

11 2012] Womble & Doyle, The Geography of Trading Ecosystem Services: Appendix I A11 Honolulu (HI) Case-by-case No banks in Honolulu District. 46 Huntington (WV portion) Kansas City (KS portion) Louisville (IL, IN, KY), HUC- 12, county, urban area Case-by-case, usually initially proposed. Credit use not allowed outside service area. 47 WV prefers compensatory mitigation in same, then adjacent s; recent WV banks typically use service area of and one or more adjacent s. 48 Currently decided case-by-case, but expected that IRT will choose preference. Corps likely would allow credit use outside service area if accompanied by higher ratio. 49 KS Stream Mitigation Guidelines set as preference but allow larger service areas for banks, potentially without higher ratios. 50 All service areas determined case-by-case. initially preferred, may be modified outside with other HUC-12s. No scale preference for secondary service areas, usually require higher ratios. 51 KY: Generally uses with exceptions expanding to counties or urban areas. 52 IN: Generally uses ; one is divided into two service areas by grouped 46 HONOLULU DIST., U.S. ARMY CORPS OF ENG RS, HONOLULU DISTRICT COMPENSATORY MITIGATION AND MONITORING GUIDELINES 4 (2005), available at Appendix II, note Appendix II, note W. VA. CODE R. 47-5A-6.2(a)(2) (2002); Appendix II, note Appendix II, note KAN. CITY DIST., U.S. ARMY CORPS OF ENG RS ET AL., KANSAS STREAM MITIGATION GUIDANCE 9, 20 (2008), available at Appendix II, note Appendix II, note Id.

12 A12 Harvard Environmental Law Review [Vol. 36 HUC-11s. Isolated wetlands require replacement in or county. 53 IL: statefunded impacts almost always require higher credit ratio for banks outside of (2, 3, or 5.5 depending on severity of impact). 54 Memphis (AR, IL, KY, MO, MS, TN) Nashville (AL, MS, KY, TN), HUC- 6, EDU, AR WPR All service areas determined case-by-case. is preferred scale, some banks have just one and others have all adjoining s that are within the same HUC TN prefers use of banks in before banks out of. 56 EDU under consideration in MO. MO may require higher credit ratios for banks outside of ; exceptions allowed for linear impacts. 57 AR prefers bank use in same WPR (state-defined biogeographical regions, larger than ). 58 Higher credit ratios used for credits outside service area (2:1 for new bank, 4:1 for old banks). 59 TN compensatory stream mitigation for impacts to exceptional TN waters, outstanding national resource waters, or impaired waters required in HUC-12; exemptions allowed in exceptional situations (e.g., compensation on same stream but out of HUC-12). 60 is preferred scale, but may be modified based on bank characteristics. Credit use allowed outside service area; proximity factor used to raise credit ratio LOUISVILLE DIST., U.S. ARMY CORPS OF ENG RS ET AL., supra note 6, at 4, 6, 12 13; see also 327 IND. ADMIN. CODE (2005); Appendix II, note ILL. ADMIN. CODE tit. 17, , (c)(8) (1997); Appendix II, note Appendix II, note TENN. COMP R. & REGS (7)(b)(1) (West 2011); Appendix II, note WATER POLLUTION CONTROL PROGRAM, MO. DEP T NATURAL RES., supra note 14, at 5; Appendix II, notes 17, ARK. MULTI-AGENCY WETLAND PLANNING TEAM, supra note 36; Appendix II, note Appendix II, notes 17, TENN. COMP R. & REGS (2) (West 2011); Appendix II, note Appendix II, note 19.

13 2012] Womble & Doyle, The Geography of Trading Ecosystem Services: Appendix I A13 New England (CT, ME, MA, NH, RI, VT) New Orleans (LA) Omaha (CO, MT, NE, ND, SD, WY) Case-by-case, hydrologic basin, parish TN prefers use of banks in before banks out of. 62 TN compensatory stream mitigation for impacts to exceptional TN waters, outstanding national resource waters, or impaired waters required in HUC- 12; 63 exemptions allowed in exceptional situations (e.g., compensation on same stream but out of HUC-12). 64 No current banks, but would consider scale proposed by a potential bank. Corps expects biophysical regions for banks in ME (used for ME ILF), 65 ME expects use of Bailey s Ecoregion sub-section (used in proposed ME DOT bank). 66 Typically, but not exclusively, based on. Exceptions are considered case-bycase. 67 LA requires compensatory mitigation in coastal zone to stay in hydrologic basin if possible (larger than ); some parishes also require compensation within their boundaries. 68 Preference for ; may be larger if ecologically justifiable. Tribes may require mitigation to stay on their lands TENN. COMP R. & REGS (7)(b)(1) (West 2011); Appendix II, note TENN. COMP R. & REGS (2) (West 2011). 64 Appendix II, note JANET MCMAHON, ME. STATE PLANNING OFFICE, AN ECOLOGICAL RESERVES SYSTEM INVENTORY (1998); Appendix II, note ME. CODE R. 7(B) (2009); David T. Cleland et. al., National Hierarchical Framework of Ecological Units, in ECOSYSTEM MANAGEMENT: APPLICATIONS FOR SUSTAINABLE FOREST AND WILDLIFE RESOURCES 181, 187 (Mark S. Boyce & Alan Haney eds., 1997); Appendix II, note Appendix II, note LA. ADMIN. CODE tit. 43, pt , 724(J)(4)(d) (West 2010); Appendix II, note OMAHA DIST., U.S. ARMY CORPS OF ENG RS, THE U.S. ARMY CORPS OF ENGINEERS GUIDANCE FOR COMPENSATORY MITIGATION AND MITIGATION BANKING IN THE OMAHA DISTRICT 13, available at Appendix II, note 24.

14 A14 Harvard Environmental Law Review [Vol. 36 Philadelphia (DE, PA portions) Pittsburgh (PA, WV portions) Sacramento (CA, CO, NV, UT) San Francisco (CA) Case-by-case or HUC-10, statedefined watersheds, urban area, 40- mile radius, statedefined watersheds, urban area, 40- mile radius Varying watershed scales used for service areas based on project characteristics. 70 is generally starting watershed scale; bank characteristics are used case-by-case to determine variations. 71 WV prefers compensatory mitigation in same, then adjacent s; recent WV banks typically use service area of and one or more adjacent s. 72 Case-by-case determinations, district is moving toward or HUC-10 watershed definition. Credit use outside service area allowed. 73 CA rule for Central Valley banks restricts credit sales to qualifying urban area and 40-mile radius in some cases; CA may opt to use statedefined watersheds in Central Valley. Also may set service area based on geographic range of particular ecological resource (e.g. vernal pools). 74 generally considered first for service areas; bank characteristics used case-by-case to determine variation. 75 CA prefers use of state-defined watersheds. Occasionally, CA rule for Central Valley banks (in Sacramento Corps District) restricting credit sales in qualifying urban area and 40-mile radius may apply outside of Central Valley; also may set service area based on geographic PA. CODE a(a)(3) (1991); Appendix II, notes 25, PA. CODE a(a)(3) (West 2011); Appendix II, notes 26, W. VA. CODE R. 47-5A-6(.2)(a)(2) (West 2010); Appendix II, note Appendix II, note CAL. FISH & GAME CODE 1779, , 1786(b)(2) (West 2012); CAL. WATER CODE 13200(g) (West 2009); California Watersheds Map, CAL. DEPT. OF CONSERVATION,, Appendix II, note Appendix II, note 31.

15 2012] Womble & Doyle, The Geography of Trading Ecosystem Services: Appendix I A15 St. Louis (MO, IL), EDU range of particular ecological resource (e.g. vernal pools). 76 Typically use, but larger units (EDU in MO) are permitted occasionally in rural areas. 77 MO may require higher credit ratios for banks outside of ; exceptions allowed for linear impacts. 78 IL state-funded impacts almost always require higher credit ratio for banks outside of (2, 3, or 5.5 depending on severity of impact). 79 Tulsa (OK, TX) Case-by-case District has one bank. 80 * - Information obtained from non-corps IRT member # - Information obtained through interaction with IRT 76 CAL. FISH & GAME CODE 1779, , 1786(b)(2) (West 2012); CAL. WATER CODE 13200(g) (West 2009); CAL. DEPT. OF CONSERVATION, supra note 74; Appendix II, note Appendix II, note WATER POLLUTION CONTROL PROGRAM, MO. DEP T OF NATURAL RES., supra note 14, at 4; Appendix II, note ILL. ADMIN. CODE tit. 17, , (c)(8) (1997); Appendix II, note Appendix II, note 36.