Permit applicants are required to describe how they will avoid, minimize, and compensate for impacts to waters of the United States. Unavoidable impacts may require compensatory mitigation to help offset the loss of functions and services. Typically, compensatory mitigation will be required for permanent jurisdictional wetland losses greater than 0.1 acre. Compensatory mitigation for jurisdictional streams or other aquatic resource impacts will be determined on a case-by-case basis. For additional information regarding mitigation requirements, please review the information below and/or contact us.
Mitigation Rule and Court Case Information:
- Final Mitigation Rule
- Final Mitigation Rule - Questions & Answers
- News Release - Army Corps & EPA
- USACE Headquarters Mitigation Information
Fact Sheets:
- Site Protection of Compensatory Mitigation Projects Fact Sheet
- Watershed Approach to Compensatory Mitigation Projects Fact Sheet
- Financial Assurances of Compensatory Mitigation Fact Sheet
- Long-Term Management of Compensatory Mitigation Projects Fact Sheet
Specific Information for Ohio:
- Guidelines for Stream Mitigation Banking and In-Lieu Fee Programs in Ohio
- Ohio Wetland Mitigation Banking Guidelines
Find Available Credits from Mitigation Banks or In-Lieu Fee Programs:
- RIBITS - Regulatory In-Lieu Fee and Bank Information Tracking System
- Online RIBITS Tutorial
- Utilizing the RIBITS "Find Credits Tool"
Templates:
- FINANCIAL ASSURANCES - PERFORMANCE BOND TEMPLATE
The "Performance Bond Template" document link is provided for drafting purposes. Please contact the Buffalo District Office of Counsel should you have questions or wish to consult regarding any of the procedures involved in the processing of this legal document. Do not execute and record the instrument and exhibits (including any survey(s)) until approved in writing by the USACE.
Performance Bond Template
- MODEL DECLARATION OF RESTRICTIVE COVENANTS
The following “Declaration of Restrictive Covenants” document is provided for drafting purposes. Please contact the Buffalo District Office of Counsel should you have questions or wish to consult regarding any of the procedures involved in the processing of this legal document. Do not execute and record the instrument and exhibits (including the survey(s)) until approved in writing by the USACE.
NY Model Declaration of Restrictive Covenants Document
Ohio Model Declaration of Restrictive Covenants Document
- MODEL CONSERVATION EASEMENT
The following “Model Conservation Easement” document is provided for drafting purposes. Please contact the Buffalo District Office of Counsel should you have questions or wish to consult regarding any of the procedures involved in the processing of this legal document. Do not execute and record the instrument and exhibits (including the survey(s)) until approved in writing by the USACE.
NY Model Conservation Easement Document
Ohio Model Conservation Easement Document
Additional Mitigation Information:
- IWR White Paper: Implementing Financial Assurance for Mitigation Project Success
- Regulatory Guidance Letter 08-03: Minimum Monitoring Requirements for Compensatory Mitigation Projects
- Compensatory Mitigation Site Protection Instrument Handbook for the Corps Regulatory Program
- Mitigation Plan Requirements
- Compensatory Mitigation Rule Timeline for Bank or ILF Instrument Approval