In-Lieu Fee Mitigation: Review of Program Instruments and Implementation Across the Country
Author
Environmental Law Institute and Institute for Biodiversity Law and Policy, Stetson University College of Law
Date Released
July 2019
In-Lieu Fee Mitigation: Review of Program Instruments and Implementation Across

In-Lieu Fee (ILF) mitigation is one of the three primary mechanisms—along with mitigation banks and permittee responsible mitigationthat permittees can use to satisfy compensatory mitigation requirements. Through an ILF program, a permittee may satisfy their legal obligations under the 2008 Compensatory Mitigation Rule by purchasing credits from the program “sponsor”a government or non-profit natural resources management entitywho then uses the funds to restore, enhance, or protect wetlands and streams.