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What limitations are put on a property after it officially becomes
a mitigation bank?
Basically any activity that would degrade the ecological functions that the mitigation bank has
been set up to create will not be allowed on the bank site, or buffer area around the bank. However, as an example, waterfowl
hunting is not necessarily restricted on a wetland mitigation bank site. The property will have a conservation easement placed
on it, so that in perpetuity there will be restrictions on what can take place on the property (i.e. no development). The
owner of the bank site can still retain the ownership rights to the property and enforce their rights to restrict access to
the site and maintain it as normal private property (with the exception of allowing the site to be inspected periodically
to ensure that the ecological functions that the site has been obligated to create, restore or preserve are in fact being
fulfilled).
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