Mitigation Banking is a provision of the mitigation process, as outlines in the November 28, 1995, Federal Register, Vol. 60, No. 228, pg 58605-58614, Federal Guidelines for the Establishment, Use and Operation of Mitigation Banks.
A mitigation bank is an authorized “activity” permitted under the Clean Water Act, Section 404. Use of a mitigation bank is one option available if compensation is required for the authorized impacts of your project. A mitigation bank established advanced credits - as impacts occur debit accrues. Compensation is achieved by debiting from the bank.
Approval and use of a mitigation bank is determined on a case-by-case basis. Please verify the applicability of using a mitigation bank for your project/activity before planning its use. Questions regarding the status of a bank, mitigation program, or a proposed mitigation program may be directed to the local Corps Regulatory Office in the county where your project is located.