Guidance
FHWA provides the following guidance to help transportation agencies comply with ecological laws and regulations pertaining to endangered species, invasive species, and wetland protection and mitigation.
Endangered Species
Invasive Species
Wetlands
- Army Corps of Engineers Regulatory Guidance Letter on Jurisdictional Determinations
- Guidance on 23 U.S.C. §328 Environmental Restoration and Pollution Abatement
- Federal-aid Eligibility for Long-Term Management Activities in Wetland and Natural Habitat Mitigation — October 3, 2008
- Federal-aid Eligibility of Wetland and Natural Habitat Mitigation — March 10, 2005
- 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 23, 2003
- Information and Guidance on Jurisdictional Coverage of Isolated, Non-Navigable Intrastate Waters — January 17, 2003
- Information and Guidance on the Wetlands Mitigation Action Plan and the revised Corps Regulatory Guidance Letter – January 13, 2003
- Information and Guidance on Section 404 Nationwide Permits — February 7, 2002
- Information on the new Regulatory Guidance Letter from the Corps of Engineers on Compensatory Wetland Mitigation — November 8, 2001
- Information and Additional Guidance on the language in TEA-21 that established the preference for using wetland mitigation banks — August 13, 2001
- Legal Analysis of New Supreme Court case on Wetlands — February 8, 2001
- Information and Guidance on the Supreme Court Ruling on Isolated Wetlands — January 12, 2001
- 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 — November 7, 2000
- Use of Private Wetland Mitigation Banks Memorandum — December 18, 1995
- Use of Private Wetland Mitigation as Compensatory Mitigation for Highway Project Impacts Memorandum — July 5, 1995
- Funding for Establishment of Wetland Mitigation Banks Memorandum — October 24, 1994
- Wetland Banking and Banking Agreements Memorandum — April 22, 1993
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