Wetlands Rules and Guidance

Rules

2000

• Mitigation of Impacts to Wetlands and Natural Habitat - Final Rule (HTML or PDF - 170 KB)

Guidance

2008

• Federal-aid Eligibility for Long-Term Management Activities in Wetland and Natural Habitat Mitigation - October 3 New 10/30/08

2005

• Federal-aid Eligibility of Wetland and Natural Habitat Mitigation - March 10

2003

• Federal Guidance on the Use of the TEA-21 Preference for Mitigation Banking to fulfill Mitigation Requirements under Section 404 of the Clean Water Act - July 11
• Information and Guidance on Jurisdictional Coverage of Isolated, Non-Navigable Intrastate Waters - January 17
• Information and Guidance on the Wetlands Mitigation Action Plan and the revised Corps Regulatory Guidance Letter - January 13

2002

• Information and Guidance on Section 404 Nationwide Permits - February 7

2001

• Information on the new Regulatory Guidance Letter from the Corps of Engineers on Compensatory Wetland Mitigation - November 8
• Information and additional guidance on the language in TEA-21 that established the preference for using wetland mitigation banks - August 13
• Legal Analysis of New Supreme Court Case on Wetlands - February 8
• Information and Guidance on the Supreme Court Ruling on Isolated Wetlands - January 12

2000

• Federal Guidance on the Use of In-Lieu-Fee arrangements for Compensatory Mitigation under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act

1995

• Use of Private Wetland Mitigation Banks Memorandum - December 18
  Abstract: This guidance clarifies FHWA policy regarding the application of Uniform Act requirements to acquisition of interests in private wetland mitigation banks using Federal aid highway funds.
• Use of Private Wetland Mitigation as Compensatory Mitigation for Highway Project Impacts Memorandum - July 5
  Abstract: This guidance answers specific questions asked about private wetland mitigation banks and the use of Federal aid highway funds when mitigating wetlands impacts of Federally funded highway projects. The responses represent current FHWA policy and authority relative to NEPA, ISTEA, and Section 404. The guidance is consistent with the "Interagency Federal Guidelines for the Use of Wetland Mitigation Banks."

1994

• Funding for Establishment of Wetland Mitigation Banks Memorandum - October 24
  Abstract: This guidance clarifies FHWA policy relative to Federal-aid participation in costs to implement wetland mitigation required by impacts to wetlands on Federal-aid highway projects. The guidance addresses participation issues on establishing and sustaining mitigation credits in wetland banks and other wetland mitigation projects. Success in wetland mitigation establishment is defined. Types of site establishment activities eligible for Federal-aid participation are identified. The duration of eligibility for federal-aid participation is established.

1993

• Wetland Banking and Banking Agreements Memorandum - April 22
  Abstract: This memorandum provides State-by-State information on the status of wetland banking by State Highway Agencies and recommends actions by FHWA division and regional offices to encourage the appropriate use of mitigation banking in the highway project development process.