Wetland Mitigation Overview

The goal of the Clean Water Act and the 404(b)(1) Guidelines is to maintain, restore, and enhance the physical, chemical, and biological integrity of the Nation's waters. The Corps strives to avoid adverse impacts to waters of the United States, and to achieve a goal of no net loss of wetlands functions and values. To achieve this goal, replacement acreage may often be greater than the acreage lost. Replacement acreage will be determined based on functional values of the area being impacted, the temporal loss of habitat that will occur, as well as an adequate margin to reflect the expected degree of success associated with the mitigation plan. The purpose of compensatory mitigation is to develop long-term self-sustaining wetlands that are not dependent on human intervention after the establishment period. The Corps will determine the acreage ratio that will be required after receiving recommendations from the applicant and the appropriate resource agencies. The Corps will consider the functions and values of the wetlands that will be eliminated or degraded, the functions and values of the proposed mitigation site, and the likelihood of success of the proposed mitigation. Compensation for impacts to waters of the United States should be completed in advance but no later than concurrent with the impact, as near to the site of impacts as practicable, and protected from subsequent loss or degradation. In-lieu payments and purchase of property are usually not sufficient means of wetland compensation. Wetland mitigation may include habitat preservation, restoration and/or creation. The mitigation must be based on the functions and values of wetlands that are affected and the local opportunities to utilize these two approaches:

• Mitigation Banking
• Preservation

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