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History of Mitigation Banking Under the Federal Clean Water Act
At the Federal level, Mitigation Banking is driven by section 404 of the Clean Water Act, which requires any unavoidable jurisdictional wetland impact to be offset by mitigation.
In 1995, the Federal Guidance on the Establishment, Use and Operation of Banks was issued along with subsequent Guidance Documents related to Aquatic Resources.
In 2008, the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency issued a joint rule regarding wetland mitigation. The Federal Regulations on Compensatory Mitigation of Aquatic Resources replaces all previous guidance related to wetland mitigation. The full Federal Mitigation rule can be accessed here.
2008 Federal Mitigation Rule
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