Types of Permits that May Require Compensatory Mitigation
There are different types of permits that may require compensatory mitigation. This page provides some information about these permit types.
- Individual Permits: Individual permits are typically required where the level of project activities exceeds work thresholds authorized by General Permits. Individual permits require the submission of a permit application by the applicant followed by the Corps placement of the project on public notice for agency and public review.
- Nationwide Permits: Nationwide Permits (NWPs) are re-issued by the U.S. Army Corps of Engineers through publication in the Federal Register every five years and are applicable throughout the nation. NWPs authorize a number of commonly occurring nationwide activities that typically have minimal impact on the aquatic environment. Where a proposed activity is expected to exceed minimal impact on the aquatic environment, mitigation may be required to reduce aquatic resource impacts to an acceptable, minimal level. Certain conditions attached to specific NWPs require pre-construction notification prior to starting work. The Corps generally responds to such notices within 45 days. Individual Corps Districts of Divisions may choose to add additional mitigation requirements to nationwide permits.
- Regional General Permits: Regional General Permits (GPs) are developed and issued by A Corps District or Division on a regional basis. GPs typically authorize commonly occurring activities that are specific to the District/Region and that do not have NWP coverage. Certain GPs require notification prior to starting work. As with NWPs, GP activities typically cause minimal impact on the aquatic environment. Where authorized work exceeds the minimal impact threshold, mitigation may be necessary to lessen effects on aquatic resources.
Links for Federal Publications & Webpages:
- Compensatory Mitigation Site Protection Instrument Handbook for the Corps Regulatory Program (2016)
- Clean Water Act, Section 404
- PART 230—SECTION 404(b)(1) Guidelines for Specification of Disposal Site for Dredged or Fill Material
- 40 CFR Part 230 – Compensatory Mitigation for Losses of Aquatic Resources; Final Rule (2008)
- EPA/Army Mitigation Memorandum of Agreement (MOA), February 6, 1990
- 401 Water Quality Certification Program
- Compensatory Mitigation
- Draft Guidance on Identifying Waters Protected by the Clean Water Act (2011)
- Section 10 of the River and Harbor Act of 1899
- The Fish and Wildlife Coordination Act of 1956
- Endangered Species Act
- The Clean Water Act Jurisdictional Handbook, 2nd Edition (2012) (ELI)
- The States’ Definitions of ‘Waters of the State’(ECOS Green Report, Feb 2009)