Wetland Violations & Enforcement;
Restoration Orders & Replacement
A technician from the ACD will investigate the site and document findings. The ACD technician will determine if it is possible to restore the wetland. If restoration is possible, a Restoration Order will be developed by the ACD and issued by the CO. If the wetlands cannot be restored, a replacement plan will be developed by the landowner in cooperation with the LGU.
The Restoration Order will specify a date by which the landowner must either:
a) restore the wetland according to the ACD plan and obtain a Certificate of Satisfactory Restoration from the ACD;
OR
b) submit a Replacement Plan application to the LGU.
The order shall state that it will be canceled when the landowner obtains a Certificate of Exemption or no-loss from the LGU, or a certificate that replacement has been completed according to an approved Replacement Plan. Otherwise, the landowner must restore the wetlands in a manner required by the Restoration Order.
If the ACD determines that restoration will not restore all losses caused by the drain or fill activity, the enforcement authority may order a combination of restoration and replacement, or may order replacement rather than restoration.
The order will direct the landowner to obtain a Replacement Plan approval from the LGU. The order will specify that if a Replacement Plan approval is not obtained, the landowner must restore the wetland in a manner determined by the ACD.
Each Cease and Desist, Restoration and Replacement Order shall tell the landowner that violation of the order is a misdemeanor.
If as part of the misdemeanor proceeding, the court orders restoration or replacement, the ACD shall determine which is appropriate and if it is restoration, the method of restoration will be determined. If the court orders replacement, the landowner must follow the Replacement Plan process of the WCA unless the court orders otherwise.
If the responsible party seeks approval of a replacement plan after the proposed project has already impacted the wetland, the LGU can require the party to replace the impacted wetland at a ratio twice the ratio required.
Contractors are responsible if work drains, excavates, or fills a wetland unless they have received a signed statement from the landowner stating a replacement plan is not required or has been approved.
