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Wetlands Mitigation

Wetland Mitigation is a sequential process that is integral to permitting impacts to natural resources including wetlands. An applicant must first avoid any impacts if possible. If impacts are unavoidable, measures must be considered to reduce impacts as much as possible. Finally, only after these steps have been completed, a compensation plan must be prepared to offset the loss of functions and values associated with the impacted wetlands.

Compensation for impacts to wetlands may be accomplished through a variety of methods. Typical methods include:

  • Restoration or creation of wetlands.

  • Preservation of existing wetlands through deed restrictions in association with restoration or creation.

  • Purchase of credits from a commercial or publicly owned wetland mitigation bank.

  • Payment to in lieu fee funds that restore, create, or preserve natural resources.

Compensation plans are negotiated during the permit application review process. The conditions for compensation are stated in the final permit from the regulatory agencies and can add out year costs and liability that may have not been originally considered.
Compensation costs can be significant and should be considered early in identifying development costs.

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