Fixing Compensatory Mitigation: What Will it Take?

Abstract

This study was undertaken to review the current status of permit‐linked mitigation policies and practices in order to determine implications of the continued use of mitigation as a wetlands management tool within the United States. Based on reviews of both published literature and agency reports, our survey of past mitigation projects nationwide indicates that the success rate of permit‐linked mitigation projects remains low overall. In addition, there is continuing difficulty in translating mitigation concepts into legal principles, regulatory standards, and permit conditions that are scientifically defensible and sound. Based on the record of past poor performance, we assert that continued piecemeal revision efforts focused on technical or scientific details are not likely to make compensatory mitigation more effective. There is need to acknowledge the extent to which non‐scientific, real‐world complications plague current policies and practices. To prevent continued loss of wetlands under compensatory mitigation, decisive action must be taken by placing emphasis on improving compliance, generating desired acreages, and maintaining a true baseline. Without selective changes in the status quo, current policies and poor implementation are likely to lead to further wetland losses.