Industry concerns and complaints about environmental compliance often arise due to project delays resulting from the permitting process. This important study aggregated data from the US Army Corps of Engineers' received under FOIA for fiscal years 2011-2015. The data was analyzed to determine the average number of days required to obtain various permits under Section 404 of the Clean Water Act using different forms of mitigation.
Interactive Chart shows average number of days to permit for different forms of mitigation (MB = Mitigation Bank; PRM OFF = Offsite Permittee Responsible Mitigation; PRM ON = Onsite Permittee Responsible Mitigation) and by permit types (LOP = Letter of Permission; NWP = Nationwide Permit; PGP = Programmatic General Permit; RGP = Regional General Permit; SP = Standard Permit)
In summary, credits from a mitigation bank typically offer the most timely solution for those seeking permits from the agency when environmental impacts cannot be further avoided or minimized. This is especially true for larger projects which may require Standard Permits and can cut permitting timelines by as much as 50%.
A newly released Government Accountability Office (GAO) report is shining a spotlight on a concern many in the mitigation banking industry have raised for years: inconsistent implementation of the federal compensatory mitigation program across U.S. Army Corps of Engineers districts. Under Section 404 of the Clean Water Act, the Corps requires compensatory mitigation when permitted
Read MoreFor too long, environmental policy debates have been framed around a false and unproductive premise: that economic growth and environmental protection are inherently at odds. This mindset is not only outdated—it is actively harmful to both outcomes. Mitigation banking offers a clear path forward. By design, it aligns economic incentives with ecological restoration, proving that well-functioning
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