Wetlands Mitigation

It is a regulatory preference that the wetlands are kept undisturbed. Where avoidance is not practical, wetland substitution, or replacement, at another site often provides a sound solution for the need to preserve wetland habitats. Until the mid-1990s the developer had just two options:

• Mitigate the impacted wetlands on-site. The developer could replace the lost wetlands on the same site but at a potential loss of expensive real estate value.
• Mitigate the impacted wetlands off-site by purchasing another piece of property and construct compensatory wetlands. This option is usually prohibitive considering cost and the time requirements because developer must locate and purchase the land, secure the necessary permits and convert the property it into an acceptable wetland.

A relatively new concept called mitigation banking offers a new alternative that simplifies the process for the development community. Preserves, called mitigation banks, are large areas of constructed, restored, or preserved wetlands set aside for the express purpose of providing compensatory mitigation for impacts to habitat. A bank is authorized to sell the habitat values created on the preserve. These values, known as credits, are sold to landowners who need to substitute wetlands for those lost to development where avoidance or on-site mitigation is not feasible.

On November 28, 1995, five Federal Agencies, (U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, Fish and Wildlife Service, Natural Resource Conservation Service, and National Oceanic and Atmospheric Administration), published in the Federal Register their Federal Guidance for the Establishment, Use and Operation of Mitigation Banks for the purpose of providing compensation for adverse impacts to wetlands.

Recent News Relating to Mitigation. On Dec. 27, 2002 the U.S. Army Corps of Engineers and EPA, in conjunction with the Departments of Agriculture, Commerce, Interior, and Transportation, released the National Wetlands Mitigation Action Plan. Wetlands (e.g., marshes, bogs, and similar areas) are invaluable for ecosystem health, filtering drinking water supplies, retaining flood waters, and supporting many types of wildlife. The action plan's 17 items will ensure effective, scientifically-based decisions about protecting and restoring wetlands and also expand access to information on these activities. More.

More on Wetlands Mitigation Banking:

EPA Fact Sheet: Wetlands Mitigation Banking