Wetlands Compensatory Mitigation Requirements
On March 31, 2008, EPA and the U.S. Army Corps of Engineers issued revised regulations governing compensatory mitigation for authorized impacts to wetlands, streams, and other waters of the U.S. under Section 404 of the Clean Water Act. These regulations are designed to improve the effectiveness of compensatory mitigation to replace lost aquatic resource functions and area, expand public participation in compensatory mitigation decision making, and increase the efficiency and predictability of the mitigation project review process. Links to the final rule and supporting materials can be found on this web site: http://www.epa.gov/wetlandsmitigation/
According to CENews.com, the agencies report that the revised regulations will provide the following benefits:
- Foster greater predictability, increased transparency, and improved performance of compensatory mitigation projects;
- Establish equivalent standards for all forms of mitigation;
- Respond to recommendations of the National Research Council to improve the success of wetland restoration and replacement projects;
- Set clear, science-based and results-oriented standards nationwide while allowing for regional variations;
- Increase and expand public participation;
- Encourage watershed-based decisions;
- Emphasize the “mitigation sequence,” requiring that proposed projects avoid and minimize potential impacts to wetlands and streams before proceeding to compensatory mitigation.
