Charleston District's Regulatory Division, Mitigation Information
1. What is wetland and stream mitigation?
Mitigation is a way to replace wetlands or streams that cannot be avoided during construction or the development of your property. For example, if a portion of your proposed housepad extends into wetlands, then that portion is considered a loss of wetlands. Therefore, those wetland portions will need to be replaced or “mitigated”.
2. Do I need it?
According to the Clean Water Act, when planning your project you must make every effort to avoid or minimize impacts to wetlands. If you cannot completely avoid impacts to wetlands, then you will need to consider mitigation requirements. This also goes for streams, lakes, rivers, etc. If you are successful in completely avoiding wetlands and other waters, then you will not have to provide mitigation.
3. How do I get it?
Several forms of mitgation are available. Restoring or enhancing degraded wetlands on your property is one form of mitigation. Preserving and buffering remaining wetlands onsite can also be considered for mitigation. Additionally, purchasing credits from a wetland mitigation bank is a form of mitigation. All mitigation proposals will require approval from the Corps of Engineers. You may need the assistance of an environmental consultant when developing your mitigation proposal. Corps of Engineers regulatory staff can give you guidance regarding mitigation requirements. Contact the Corps of Engineers Regulatory Office in your area and ask for the “project manager of the day”.
4. Download the complete mitigation rule here in (in PDF format)
5. Quick Reference Material:
Mitigation Bank and In-Lieu-Fee Information
1. How do I submit a proposal for a mitigation bank or in lieu fee mitigation program? The first step is to submit a draft prospectus to be reviewed by the Interagency Review Team (IRT). The IRT includes members from federal, state and local agencies who review and monitor mitigation banks and in lieu fee mitigation programs. Once a prospectus is considered complete according to the federal regulations, a public notice will be published with a 30 day comment period. All comments will be forwarded to the sponsor for consideration. If major changes are required, a new public notice may be necessary. Once all comments are adequately addressed, a draft Mitigation Banking Instrument (MBI) should be submitted for review by the IRT. Comments will be solicited from IRT members and forwarded to the sponsor for a response. When all concerns are addressed, the MBI will be approved and a permit will be issued for work involving impacts to wetlands and other waters of the US.
2. How long does it take to get approval? Download timelines.
3. Where can I find a list of current banks? Click here
Questions concerning the Regulatory Program?
Call the "Project Manager of the Day" in the Charleston District Office(1) 866.329.8187 (Toll Free)
843.329.8044 (Local)
843.329.2332 (Fax)
Email point of contact for Charleston's Regulatory Division
Mailing Address:
US Army Corps of Engineers
Regulatory Division
69A Hagood Ave.
Charleston, South Carolina 29403-5107