Federal Compensatory Mitigation Regulations for Development Impacts to Wetlands and Waters

Most impacts to wetlands and waters 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). Typically impacts greater than 0.1 acres in size require mitigation to compensate for authorized impacts. After advancing wetland mitigation guidance for several decades in their regulatory programs, the USACE and U.S. Environmental Protection Agency (USEPA) adopted a final rule on Compensatory Mitigation for Losses of Aquatic Resources in 2008 providing specific mitigation requirements. This live audio conference 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 review NEPA Mitigation Requirements.
• 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 identify issues shaping mitigation requirements.