A. Compensatory mitigation shall be provided on-site, except where on-site mitigation is not scientifically feasible or practical due to physical features of the site. The burden of proof shall be on the applicant to demonstrate that mitigation cannot be provided on-site.

B. When compensatory mitigation cannot be provided on-site, mitigation shall be provided in the immediate vicinity of and within the same watershed as the permitted activity.

C. Compensatory mitigation shall duplicate the overall values and standards of the wetland to be replaced and shall include at 50% in-kind compensation mitigation unless it can be demonstrated by the applicant that the overall wetland values of the mitigation area and adjacent or connecting wetlands can be enhanced by a higher percentage of out-of-kind mitigation.

D. Only when it is determined by the department that A, B, and C above are inappropriate and/or impractical shall off-site compensatory mitigation be considered.

E. Mitigation projects shall be completed concurrent with other activities on the site, unless a phased schedule is agreed upon between the department and the applicant. (Ord. 2134, 11/11/03; Ord. 1587, 1993)