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New Rules for Compensatory Mitigation Under Section 404

Lorman

Description

In 2008, the U.S. Army Corps of Engineers adopted new rules that dramatically changed its approach to mitigation under Section 404 of the Clean Water Act, which regulates fill in wetlands and other waters of the United States. The new rules adopt a mitigation hierarchy that moves away from the prior preference for on-site, in-kind mitigation in favor of mitigation banks and watershed-based mitigation programs. The rules also clarify the financial measures the corps will require to ensure that the mitigation is actually carried out.

Finally, the rules change a wide range of requirements in the Section 404 program, including new requirements for the information in a permit application and in public notices. This teleconference will describe the new rules, explain the most important changes from the old rules and give practical tips on complying with the new approach to compensatory mitigation - a must for developers, consultants and attorneys in the field.

Upon completion of this courses, students will have developed an understanding of:

  • Compensatory Mitigation
  • Purpose of Compensatory Mitigation
  • Enforcement Authority
  • The Prior System
  • Application and Public notice
  • The Mitigation Hierarchy
  • Mitigation Planning
  • Description of New Compensatory Mitigation Rules
  • Understanding the Corps Goals
  • Application and Public Notice
  • The Mitigation Sequence
  • The 'Watershed' Approach - What is a Watershed?
  • The Three Acceptable Mitigation Mechanisms
  • The Mitigation Plan Requirement
  • Practical Impacts
  • Increased Importance of Mitigation Banks
  • Need for Watershed Planning
  • Effects on Avoidance Requirements
  • Locating, Securing and Funding Mitigation Lands
  • Complying with Concurrent State and Local Requirements
  • Emerging Trends
  • Performance-Based Mitigation
  • Mitigation Banks
  • Enforcemen

Outcomes

Upon completion of this courses, students will have developed an understanding of:

  • General Discussion of Compensatory Mitigation under Section 404
  • Definition of Compensatory Mitigation
  • The Prior System
  • Description of New Compensatory Mitigation Rules
  • Practical Impacts
  • Emerging Trends

Assessment

Student assessment will be done through questions based on the content delivered throughout the course.

course quick facts
course code 383228EAU
cost $224.00
estimated time to
complete course
2 Hours
course materials
available
365 Days
instructor

Deborah M. Rosenthal, AICP, is a partner with the law firm of Sheppard Mullin Richter and Hampton, LLC, in Orange County, California. Ms. Rosenthal is a nationally recognized expert in development law and preservation.

Robert J. Uram is a partner with the law firm of Sheppard Mullin Richter and Hampton, LLC in San Francisco. Mr. Uram is a nationally recognized expert in wetlands and endangered species law.