CLARK COUNTY BOARD OF COMMISSIONERS
AGENDA ITEM
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Petitioner: |
Marci Henson, Director, Department of Environment and Sustainability |
Recommendation:
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Conduct a public hearing and approve, adopt, and authorize the Chair to sign an ordinance to amend Clark County Code Title 19, Chapter 19.07, Section 19.07.010 to update the federal regulatory authority to establish, use and operate a mitigation bank or in-lieu fee program to mitigate for certain projects affecting aquatic resources in Clark County, delete unneeded definitions; and providing for other matters properly related thereto. (For possible action)
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FISCAL IMPACT:
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BACKGROUND:
The United States Environmental Protection Agency and the U.S. Army Corp of Engineers have adopted regulations for compensatory mitigation for losses of aquatic resources for projects permitted under section 404 of the Clean Water Act. In 2002, the County Board of Commissioners adopted Chapter 19.07 of Title 19, which authorized the establishment, use, and operation of a mitigation bank pursuant to the regulations established for compensatory mitigation. In accordance with this authority, Clark County created the Clark County Wetlands Park Mitigation Bank to provide opportunities for compensatory mitigation of impacts to wetlands and other waters of the United States as required by federal law. The Clark County Wetlands Park mitigation bank has since been fulfilled and no longer can sell mitigation credits for required compensatory mitigation. A compensatory mitigation program established pursuant to the Clean Water Act regulations is critical in allowing the Clark County Regional Flood Control District to mitigate the unavoidable loss of aquatic resources that may result from the implementation of the District’s Capital Improvement Program used to construct flood control facilities in Clark County, thus there is a need to establish new compensatory mitigation programs in the region.
Since the adoption of Title 19, Chapter 19.07, the Code of Federal Regulations have been updated to allow for the creation of "Fee in Lieu" programs as well as mitigation banks. Senate Bill 115 amended NRS 244.388 in 2023 to allow Nevada counties to participate in federally approved mitigation banks and in-lieu fee mitigation programs. The proposed ordinance will amend Title 19, Chapter 19.07 of the Clark County Code to conform with the changes in Senate Bill 115.
The proposed ordinance was introduced at the Board of County Commissioners meeting on January 16, 2024, and the public hearing was set for February 6, 2024, at 10:00 am.