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Mid-Atlantic Wetlands Mitigation

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Wetland Restoration

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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

Sources of Compensatory Mitigation

Mid-Atlantic States With Third Party Mitigation

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. The rule:

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