Ecological Effectiveness of Compensatory Mitigation

Each year more than 40,000 acres of wetlands are restored, established, enhanced, and preserved to compensate for the approximately 20,000 acres of losses permitted through the federal wetlands regulatory program. Nationwide, an estimated $2.9 billion is spent annually on these compensatory mitigation projects. However, it is not clear whether this significant investment in compensation yields projects that are effectively replacing lost wetlands.

Success of Wetland Mitigation Projects

Watershed Approach Handbook: Improving Outcomes and Increasing Benefits Associated with Wetland and Stream Restoration and Protection Projects
Author
The Environmental Law Institute and The Nature Conservancy.
Date Released
September 2014
Watershed Approach Handbook: Improving Outcomes and Increasing Benefits Associat

Watershed Approach Handbook: Improving Outcomes and Increasing Benefits Associated with Wetland and Stream Restoration Projects advances the use of a watershed approach in the selection, design and siting of wetland and stream restoration and protection projects, including projects required by compensatory mitigation.

Fourth Stakeholder Forum on Federal Wetlands Mitigation

Sponsored by:
Federal Highway Administration
Florida Department of Environmental Protection
Natural Resources Conservation Service
NOAA Fisheries
Southwest Florida Water Management District
Stetson University, College of Law
Tampa Bay Estuary Program
U.S. Army Corps of Engineers
U.S. Environmental Protection Agency
U.S. Fish and Wildlife Service

Facilitated by:
Environmental Law Institute

September 20-22, 2004
Tampa, FL

Third Stakeholder Forum on Federal Wetlands Mitigation

Sponsored by:
City of Eugene
Federal Highway Administration
National Oceanic and Atmospheric Administration
Natural Resources Conservation Service
Oregon Department of Transportation
Oregon Division of State Lands
Port of Portland
U.S. Army Corps of Engineers
U.S. Environmental Protection Agency
U.S. Fish and Wildlife Service
Washington Department of Ecology

Facilitated by:
Environmental Law Institute

July 29-31, 2003
Portland, OR

ELI's Compensatory Mitigation Research

The Environmental Law Institute conducts detailed research to evaluate compensatory mitigation required to offset adverse impacts to wetlands. ELI studies a wide variety of compensatory mitigation programs, with a particular focus on compensatory mitigation carried out under Section 404 of the Clean Water Act. Within the Section 404 Program, ELI has analyzed all three available mechanisms, including mitigation banking, in-lieu fee mitigation, and permittee-responsible mitigation.

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