Decades of Idaho state agency ad-hoc mitigation projects and programs have come to an end as the legislature and governor have passed a new law requiring compliance with 2008 Mitigation Rule and the Clean Water Act. House Bill 207 was recently signed into law to require that activities by state agency personnel and other regulatory authorities provide high-quality mitigation solutions for industry and others requiring offset for unavoidable impacts under Section 404 of the Clean Water Act. All forms of mitigation including In-Lieu Fees and Permittee-Responsible Mitigation must meet 12 elements clearly defined by the 2008 Rule establishing equivalent and effective standards for environmental mitigation. >Read More
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.
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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.
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