Mid-Atlantic Wetlands Mitigation
- River Corridor & Wetlands Restoration
- Compensatory Mitigation
- 5 Star Restoration Program
- Principles for the Ecological Restoration of Aquatic Resources
- NOAA Habitat Conservation - Restoration Center
- National Wetlands Mitigation Action Plan
- U.S. Army Environmental Laboratory - US Army Corps of Engineers
- U.S. Geological Survey National Wetlands Research Center
- Wetlands Reserve Program - Natural Resources Conservation Service
On this page
- Why Mitigation?
- Types of Compensatory Mitigation
- Sources of Compensatory Mitigation
- Mid-Atlantic States With Third Party Mitigation
- Final Compensatory Mitigation Rule
Section 404 of the Clean Water Act prohibits the discharge of dredged or fill material into waters of the United States unless a permit is issued to authorize such a discharge. Prior to authorization, negative impacts to aquatic resources such as wetlands and streams have to be avoided and minimized to the extent possible. For impacts that can not be avoided, compensatory mitigation is required to replace lost wetland and aquatic resource functions in the watershed.
- Re-establishment or rehabilitation to return natural or historic functions to a former or degraded aquatic resource.
- Establishment (Creation):
- Development of an aquatic resource where one did not previously exist.
- Improvement of one or more functions within an existing aquatic resource.
- Permanent protection of ecologically important aquatic resources through real estate actions (deed restrictions, conservation easements) or physical actions.
- Permittee-responsible mitigation: Individual projects constructed by permittees to provide compensatory mitigation.
- Mitigation banking: A form of third party mitigation in which aquatic resources are restored, established, enhanced and/or preserved to provide mitigation for future impacts to similar resources. The bank is responsible for the success.
- In-lieu fee program: A form of third party mitigation that involves the restoration, establishment, enhancement, and/or preservation of aquatic and terrestrial resources through funds paid to a sponsor -- a government agency or a natural resource management organization. The sponsor is responsible for the success.
In-lieu Fee Mitigation
|District of Columbia||No||No|
On March 31, 2008, EPA and the Army Corps of Engineers issued a compensatory mitigation rule. The rule:
- provides more opportunities for mitigation
- improves the effectiveness of mitigation to replace lost aquatic resources
- provides similar standards and criteria for mitigation projects, and
- expands public participation in mitigation decision making