The 2004 National
Defense Authorization Act (PL 108-136)
required development of regulations consistent
with Clean Water Act (CWA) Section 404 that establish equivalent
standards and criteria for permittee-responsible
mitigation, mitigation banks, and
in-lieu fee programs.
On March
27, 2006, the U.S. Environmental Protection Agency (USEPA) and the U.S. Army Corps of Engineers (Corps) announced proposed
revisions to compensatory mitigation regulations.
The purpose of the proposed revisions
was to improve the effectiveness of compensatory
mitigation, expand public participation, and increase the efficiency and predictability of the
regulatory process. The proposal also complemented
efforts to implement the 2002 National
Wetlands Mitigation Action Plan, as well as
respond to the recommendations of the 2001
National Research Council (NRC) comprehensive
report evaluating wetlands compensatory mitigation
(2001). On Apr. 10, 2008, USEPA and the Corps published
a final rule that improves and consolidates
existing regulations and guidance and establishes
equivalent standards for all types of mitigation
under the CWA Section 404 regulatory program.
The new rule, which goes into effect June 9, 2008,
is intended to promote greater consistency, predictability,
and ecological success of mitigation projects.
The rule does not change when compensatory
mitigation is required, but it does change where
and how it is required. This article discusses required mitigation plans and selecting the best mitigation option. Includes 3 references.
| Edition : | Vol. 100 - No. 5 |
| File Size : | 1
file
, 300 KB |
| Note : | This product is unavailable in Ukraine, Russia, Belarus |
| Number of Pages : | 8 |
| Published : | 05/01/2008 |
