August 1, 2023

Mitigation Bank Permitting – Roadblocked

The mitigation banking industry has recently been advised that Mitigation Banking Instruments (MBI’s) are not permits. But regardless as permit, authorization, or contract, the U.S. Army Corps Mitigation Banking program appears by all data to have entered a period of significant regulatory slow-down or stoppage.

According to the latest data, mitigation bank activity, applications and bank approvals have each dropped precipitously since 2020.

Fewer approvals year after year now has led to a significantly increased backlog of pending MBI’s across the U.S., with more than 400 applications currently pending as of July 2023. Some pending banks appear to have in process for more than a decade.

We have heard some ‘spin’ recently that Mitigation Banks are too difficult or time-consuming to permit. This apparently to justify programmatic slow-downs or to promote lower-quality forms of mitigation. Strangely MBI’s did not appear to be too complex or too time-consuming in Years 2008 through 2020, by the number of banks approved in that period – or at least it wasn’t being used as an excuse for regulatory delay and inefficiency.

The National Environmental Banking Association calls on the U.S. Army Corps, its leadership and its personnel to refocus their energies and attention and prioritize approvals of mitigation banks and release of mitigation bank credits.

You may also like

NEBA: Championing Strong Markets, Stronger Wetlands, and a Stronger Future for Mitigation Banking

The National Environmental Banking Association (NEBA) stands as the leading national voice for the environmental and mitigation banking industry in the United States. Formed to represent professionals and companies engaged in mitigation, conservation, and environmental credit markets, NEBA advocates for market-based solutions that deliver measurable, science-driven ecological outcomes. At its core, NEBA supports the principle that

Read More

NEBA Engages on WOTUS: Staying Informed and Involved in 2026

The National Environmental Banking Association (NEBA) recently submitted formal comments to the U.S. Environmental Protection Agency regarding the proposed update to the definition of Waters of the United States (WOTUS). These comments reflect NEBA’s continued commitment to regulatory clarity, consistency, and workable implementation for mitigation bankers, landowners, and project sponsors nationwide. In its submission, NEBA raised

Read More

Subscribe to our newsletter now!