Mid-Atlantic Wetlands Mitigation

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Why Mitigation?
Types of Compensatory Mitigation
Sources of Compensatory Mitigation
Mid-Atlantic States With Third Party Mitigation
Final Compensatory Mitigation Rule

Why Mitigation?

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.

Types of Compensatory Mitigation

Restoration:
- 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.
Enhancement:
- Improvement of one or more functions within an existing aquatic resource.
Preservation:
- Permanent protection of ecologically important aquatic resources through real estate actions (deed restrictions, conservation easements) or physical actions.

Sources of Compensatory Mitigation

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.

Mid-Atlantic States With Third Party Mitigation

State	Mitigation Banking	In-lieu Fee Mitigation
Delaware	Yes	No
District of Columbia	No	No
Maryland	Yes	Yes
Pennsylvania	Yes	Yes
Virginia	Yes	Yes
West Virginia	Yes	Yes

Final Compensatory Mitigation Rule

On March 31, 2008, EPA and the Army Corps of Engineers issued a compensatory mitigation rule (PDF) (113 pp, 567K, About PDF). 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

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