Wetland Mitigation

Mitigation is an activity or activities carried out to compensate for freshwater wetlands or open waters loss or disturbance caused by regulated activities. Mitigation may also be required to compensate for unauthorized activities as part of violation resolution. Mitigation is required by both State and Federal Wetland and waters protection programs administered by State resource protection agencies and the US Army Corps of Engineers under the Clean Water Act.

  • Creation-The establishment of freshwater or open water characteristics and functions in uplands.
  • Restoration-The re-establishment of wetlands and/or open water characteristics and functions in an area that was once a freshwater wetland and/or open water but is no longer; or the reversal of a temporary disturbance and the re-establishment of the functions and values of the freshwater wetlands and/or open water that was temporarily disturbed.
  • Enhancement-The improvement of the ability of an existing degraded wetland or open water to support natural aquatic life, through substantial alterations to the soils, vegetation and/or hydrology.
  • Upland Preservation-Preservation of an upland feature that has been deemed valuable for the protection of a freshwater wetland ecosystem.
  • Credits-Purchase of wetland mitigation credits from an approved wetland banker who has performed one or more of the above forms of mitigation on his or her own bank property.
  • Contribution-Contribution of money to a Wetland Mitigation Fund so that the Wetland Mitigation Council can build the wetland mitigation project for the applicant.
  • Land Donation-Donation of land that has potential as a valuable component of a freshwater wetland ecosystem.

The ratio of wetlands and waters to be created, enhanced or preserved to the regulated area to be disturbed may vary depending on the quality of the existing resource.

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