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Recognizing the importance of wetland protection, the Bush administration in 1988 endorsed the goal of "no net loss" of wetlands. Specifically, it directed that filling of wetlands should be avoided, and minimized when it cannot be avoided. When filling is permitted, compensatory mitigation must be undertaken; that is, wetlands must be restored, created, enhanced, and, in exceptional cases, preserved, to replace the permitted loss of wetland area and function, such as water quality improvement within the watershed. After more than a dozen years, the national commitment to "no net loss" of wetlands has been evaluated. This new book explores the adequacy of science and technology for replacing wetland function and the effectiveness of the federal program of compensatory mitigation in accomplishing the nation's goal of clean water. It examines the regulatory framework for permitting wetland filling and requiring mitigation, compares the mitigation institutions that are in use, and addresses the problems that agencies face in ensuring sustainability of mitigated wetlands over the long term. Gleaning lessons from the mixed results of mitigation efforts to date, the book offers 10 practical guidelines for establishing and monitoring mitigated wetlands. It also recommends that federal, state, and local agencies undertake specific institutional reforms. This book will be important to anyone seeking a comprehensive understanding of the "no net loss" issue: policy makers, regulators, environmental scientists, educators, and wetland advocates.
Under the Clean Water Act, development that results in the permanent destruction of wetlands must, in most cases, be mitigated by the creation of a new wetland or the restoration of a degraded one. In recent years, the concept of "mitigation banking" has emerged. Rather than require developers to create and maintain wetlands on their own on a quid pro quo basis, mitigation banking allows them to pay for wetlands that have been created and maintained properly by others to compensate for their damage. The contributors to this volume provide an overview of mitigation banking experience in the United States, examine the key issues and concerns -- from providing assurances to determining the value of credits -- and describe the practice of developing and operating a mitigation bank. Topics include: history and current experience of mitigation banking policies and concerns of local, state, and federal agencies economics of mitigation banking funding, management, and operation of banks starting a mitigation bank
Regulations require that development projects in wetland areas restore or replace lost wetland functions and values. Completely updated to reflect recent legal developments, this practical reference explains those regulations and provides a current, comprehensive look at wetland mitigation options that comply with the regulations, minimize expenses, and avoid repeated delays.
This document reports wetland mitigation banking experience to date. The Environmental Law Institute conducted an inventory of banks that supplemented information gathered as part of the National Wetlands Mitigation Banking Study conducted by the Corps of Engineers Institute for Water Resources (IWR). Additional information was gathered by IWR in a detailed study of selected banks. Wetland mitigation banking offers the potential for restoration and conservation of ecologically meaningful and robust wetland systems, planning on a landscape scale, and the harnessing of entrepreneurial as well as public funding to the task of wetland compensation. It provides practical advantages in monitoring and management of compensatory wetlands. Like other forms of compensatory mitigation, it presupposes a wetland policy that continues to allow the lawful destruction of certain natural wetlands. Its potential utility must be measured not in comparison with a ban on wetland conversions, but on whether it can improve upon current compensatory methods. It appears that it can.
"Describes the accomplishments during phase one of the two phase National Wetland Mitigation Banking Study authorized by Section 307(d) of the Water Resources Development Act of 1990"--P. 1.