Final Wetland Permit

Web page revised 1.1.26

What is a Final Wetland Permit?

The Final Wetland Permit authorizes construction in wetlands and/or buffers that have received a preliminary approval. A Final Wetland Permit is only required if it is listed as a Condition of Approval in a Preliminary Wetland Permit or a preliminary land use decision that includes a Wetland Permit. This review generally involves:

  • Verification that preliminary approval conditions are met;
  • Verification of consistency between engineering plans and wetland mitigation plans;
  • Approval of performance standards, monitoring, and maintenance programs;
  • Final approval of detailed construction plans;
  • Establishment of required financial assurances;
  • Recording of required Conservation Covenants; and
  • Inspection and as-built review of required mitigation.

With an approved Final Wetland Permit, the project can proceed with construction and plat recording. Note that Final Wetland Permit approval is usually waived for projects that do not require a final engineering review or involve grading or planting for wetland mitigation.

What is the application process?

The application should be submitted at the same time that the first set of engineering construction plans is submitted for review. Current fees and a list of submittal requirements are below. Processing of the application will not begin until all the required submittal items have been received.

What kind of public notice is provided?

Public notice is not required.

What are the Financial Assurances?

Financial assurances are required to make sure the funds are available to complete mitigation in the event that applicant defaults or fails to comply with permit conditions. A detailed description of financial assurance requirements can be found in CCC 40.450.040.J. Staff can provide standard forms for commonly accepted instruments.

What is the Conservation Covenant?

The conservation covenant is a document, recorded at the county Assessor’s Office, which protects any remaining wetlands and buffers on a project site. All covenants require signature from the county Prosecuting Attorney prior to recording. Community Development staff can provide a standard Conservation Covenant form and notary services upon request.

How long will it take to get a decision?

The review process is concurrent with engineering construction plan review. The initial review of the Final Wetland Mitigation Plan will be completed with the first set of red-lines. Subsequent revisions and submittals are reviewed as they are received and approval is issued at the same time that staff sign construction plans.

Can the decision be appealed?

Any Final Wetland Permit decision may be appealed to the county Hearing Examiner by the applicant or any person or group. Appeals and associated fees must be received within 14 calendar days following the written notice of the decision. See Appeals.

After the Final Wetland Permit is approved, what is next?

Once approved, project construction and plat recording can proceed. Conditions of approval usually require as-built review after construction and submittal of periodic monitoring reports and review fees to DCD for the specified monitoring period (up to 10 years). Maintenance and/or corrective actions may be required during the monitoring period if performance standards are not met. Refer to Mitigation Monitoring for more information.

Submittal Requirements

The following list identifies information required to be included with a Final Wetland Permit application.

Required Items

  1. Application Form - The application form shall be completed and signed in ink by the applicant.
  2. Application Fee - The requisite fee for the Final Wetland Permit shall accompany the application.
  3. Final Enhancement / Mitigation Plan
    • Approved preliminary enhancement/mitigation plan and conditions of approval
    • Revisions to preliminary plan narrative to address conditions of approval
      • General project description;
      • Description of existing conditions;
      • Assessment of wetland and buffer functions;
      • Discussion of the exact sites, specifications, and justifications for all regulated activities including the areas, volumes (fill and removal), and methods of all proposed wetland and buffer impacts;
      • Discussion of avoidance and minimization of impacts;
      • Summary of conceptual mitigation plan;
      • Mitigation goals and objectives;
      • Description of wetland types to be created; and
      • Description of proposed wetland and buffer enhancements.
    • Proposed performance standards
    • Final Monitoring and Maintenance Plan
    • Associated plans and other permits
    • Evidence of Financial and Scientific Proficiency
    • Contingency Plan
  4. Final Construction Plans and Drawings
    • Final site plan showing the location, width, depth, and length of all proposed structures, roads, utilities, stormwater management facilities, and wastewater treatment in relation to parcel, wetland, and buffer boundaries.
    • Final Impact and mitigation plan.
      • Final grading plan for all creation and work within existing wetlands and buffers;
      • Erosion control and sediment management plan;
      • Final planting plan (i.e. species, quantities/densities, stock types, and locations); and
      • Final monitoring plan with photo plot locations and photo angles.
  5. Financial Assurance Estimates
    • Performance guarantee (required)
    • Maintenance guarantee (optional at application)

Additional Submittals Required Prior to Final Approval

  • Recorded conservation covenant;
  • Executed performance assurance instrument;
  • Executed mitigation bank transfer agreement.
Fee schedule

The following fees are required to be paid when the application is submitted.

Final Wetland application fee: $3,227

Site Inspection fee (for each site visit needed): $544

Reference

Clark County Code 40.445 Wetlands and Fish and Wildlife Habitat Conservation Areas