Change is the Constant

NEW WETLAND MITIGATION REQUIREMENTS FOR USACE CHICAGO DISTRICT
(Source: U.S. Army Corps of Engineers, Chicago District, Regulatory Branch)
USACE

On April 10, 2008, the U.S. Army Corps of Engineers and U.S. Environmental Protection Agency issued the Final Compensatory Mitigation Rule to clarify how to provide compensatory mitigation for unavoidable impacts to the nation's wetlands and streams. The rule does not change when compensatory mitigation is required, but it does change where and how it is required. Compensatory mitigation is typically accomplished through either Mitigation Banks, In-Lieu Fee Mitigation, or Permittee Responsible Mitigation.

In order to comply with the new rule, the Chicago District has created a document entitled "CHICAGO DISTRICT PERMITTEE RESPONSIBLE MITIGATION REQUIREMENTS". This document replaces the "Chicago District 2004 Mitigation Requirements". The CHICAGO DISTRICT PERMITTEE RESPONSIBLE MITIGATION REQUIREMENTS are now effective and are available by clicking the link.

The CHICAGO DISTRICT PERMITTEE RESPONSIBLE MITIGATION REQUIREMENTS focuses on addressing the needs of the local watershed in designing compensatory mitigation areas. The watershed approach may involve consideration of landscape scale, historic and potential aquatic resource conditions, past and projected aquatic resource impacts in the watershed, and terrestrial connections between aquatic resources.

Compensatory mitigation can include wetlands that are restored (re-established or rehabilitated), created (established), enhanced, or preserved. Restoration should generally be the first option considered. Full credit will be given for re-establishment of former wetlands and wetland establishment. Partial credit can be given for permanent enhancement or rehabilitation of degraded wetlands or in exceptional circumstances, preservation of existing wetlands. If buffers are required by the Chicago District as part of the compensatory mitigation project, compensatory mitigation credit may be provided for those buffers.

The CHICAGO DISTRICT PERMITTEE RESPONSIBLE MITIGATION REQUIREMENTS also contains information regarding mitigation ratios, site selection criteria, mitigation plan development, financial assurances, long term site protection, mitigation project sustainability, long-term management, performance standards, and monitoring requirements. As always, the Chicago District encourages applicants to participate in a pre-application meeting to discuss potential mitigation requirements and information needs, prior to site plan preparation.