New Proposed Rule Expands Use of Conservation Easements to Protect Mitigation Areas under Clean Water Act

more+
less-

The Army Corps of Engineers (Army Corps) and Environmental Protection Agency (EPA) recently proposed a new joint rule under the Clean Water Act (CWA) that clarifies and expands requirements associated with compensatory mitigation for losses to aquatic resources allowed by Army Corps

permits.

The CWA requires that a proposed discharge of dredged or fill material into a wetland or waterbody take all appropriate and practicable steps to avoid and minimize impacts to aquatic resources. However, in some situation, certain impacts may be unavoidable. In such circumstances, the proposed discharger is required to replace the loss of wetland, stream, or other aquatic resource; this is known as compensatory mitigation. The proposed rule would require that land set aside for such compensatory mitigation be subject to long-term protection through an “appropriate real estate instrument,” such as a conservation easement. The real estate instrument must restrict or prohibit

incompatible uses that would jeopardize the mitigation project while allowing for the long-term management of the site.

LOADING PDF: If there are any problems, click here to download the file.


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.

© Morrison & Foerster LLP | Attorney Advertising

Written by:

more+
less-

Morrison & Foerster LLP on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×