EPA's Rules on Compensatory Mitigation for Impact on Wetlands, Streams and Other Waters

Understand Federal mitigation regulations and the process for addressing mitigation as part of the permitting of development projects.

Most impacts to wetlands, streams and other waters (i.e., aquatic resources) occurring from development activities, like a road crossing or construction of a utility corridor, require permits from the U.S. Army Corps of Engineers (USACE) with the oversight of the U.S. Environmental Protection Agency (USEPA). Typically impacts greater than 0.1 acres in size require mitigation to compensate for authorized impacts. After advancing mitigation guidance for several decades in their regulatory programs, the USEPA and USACE adopted a final rule on Compensatory Mitigation for Losses of Aquatic Resources in 2008 providing specific mitigation requirements. This topic will review these Federal mitigation regulations and identify the process for addressing mitigation as part of the permitting of development projects.

Learning Objectives

• You will be able to describe permitting and mitigation plans.
• You will be able to discuss regulatory framework.
• You will be able to explain compensatory mitigation for losses of aquatic resources (2008 Rule).
• You will be able to review NEPA mitigation requirements.