Corps Issues New Compensatory Mitigation Guidelines for California

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The U.S. Army Corps of Engineers, South Pacific Division, has issued its “Final 2015 Regional Compensatory Mitigation and Monitoring Guidelines.”

The Guidelines will apply in the Corps’ San Francisco, Sacramento, Los Angeles, and Albuquerque districts, which together cover California, Nevada, Utah, New Mexico, and parts of Colorado and Texas.

The Guidelines specify requirements and procedures for compensatory mitigation implemented under the Corp’s regulatory program, including for Clean Water Act section 404 permits. The Guidelines apply to mitigation banks, in-lieu fee programs, and permittee-responsible mitigation. The intent of the Guidelines is to standardize compensatory mitigation procedures throughout the region, and to help regulated parties in selecting appropriate mitigation sites and in preparing mitigation plans.

The Guidelines are available here.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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