March 18, 2026

Despite Objections from Mitigation Bankers, Non-Profit, and Other Agencies – New ILF Moves Ahead

Despite formal pushback from  The Nature Conservancy (TNC), The National Environmental Banking Association (NEBA), Virginia Department of Wildlife Resources (DWR), the U.S. Environmental Protection Agency (EPA) and others, the Virginia Department of Environmental Quality (VA DEQ) is moving forward with a new In-Lieu Fee (ILF) Program, apparently intended to supplant the longstanding state ILF - VARTF (Virginia Aquatic Resources Trust Fund).

DWR Correspondence Read Here TNC Objection Letter Read Here NEBA Letter Read Here EPA Letter Read Here

In emails and other information collected under FOIA (Freedom of Information Act) by the National Environmental Banking Association, it would appear that issues relating to VARTF's environmental compliance may have caused VA DEQ to decide to launch its own program - called Wetland and Stream Replacement Fund (WSRF)- without TNC.

Emails below from VA DEQ clearly reveal behind-the-scenes coordination between DEQ leadership and development/industry groups (which DEQ is charged with regulating) in order to generate supportive public comments for the state's new ILF program after NEBA and others submitted opposing comments. 


NEBA believes strongly that mitigation stakeholders, Virginia taxpayers, and others are entitled to an honest accounting of where an estimated $100 million collected by VARTF has been spent to date, if not into Virginia's environment where the program intended.

Further, since any release of salable mitigation credits would have been approved by VA DEQ, the question needs to be asked - how can this agency be expected to police itself when indeed it apparently failed to properly police VARTF?

Watch NEBA for additional news releases on the current questions swirling in Richmond.

You may also like

Why Mitigation Banking Needs a Strong Unified Voice—Now More Than Ever

The mitigation banking industry is at a pivotal moment. Regulatory shifts, evolving interpretations of the 2008 Mitigation Rule, and increasing pressure from alternative mitigation programs are reshaping the landscape. In this environment, a unified voice is not just beneficial—it’s essential. That’s where membership in the National Environmental Banking Association (NEBA) makes a difference. NEBA represents mitigation bankers, environmental

Read More

The Hidden Risks Behind Advance Credits: A Billion-Dollar Gamble Revisited

According to US Army Corps of Engineers (USACE) data, there are more than 8 million Advance Mitigation Credits sitting on the ledgers of the many dozens of In-Lieu Fee (ILF) Programs across the United States today, nearly all of which are exempt from any financial assurance that the mitigation projects will actually be performed. According to

Read More

Subscribe to our newsletter now!