Mitigation News

Army Corps Signals Major Changes for Mitigation Bank Permitting On April 2, 2026, Lee Forsgren, principal deputy assistant secretary of the Army for Civil Works, announced at the Environmental Council of the States (ECOS) Spring meeting that the Corps is moving toward a new nationwide permit (NWP) specifically designed for mitigation banking projects. What’s expected to change: The new NWP would not be bound by the current half-acre impact threshold. Forsgren was direct about the reasoning: mitigation banks exist to create positive environmental

Federal Wetlands Oversight Returns to Florida A recent ruling by the U.S. Circuit Court of Appeals in Washington, D.C. has significant implications for anyone involved in development, permitting, or mitigation banking in Florida. On March 27, 2026, the court upheld a 2020 decision finding that the EPA and the U.S. Fish and Wildlife Service violated the Endangered Species Act when they approved Florida’s state-run wetlands permitting program. The ruling returns oversight of Section 404 Clean Water Act permits — those

DEP Policy Clarification Expands Use of Mitigation Bank Credits by Local Governments   On September 10, 2025, the Florida Department of Environmental Protection (DEP) issued a memorandum that provides long-awaited clarity on the use of mitigation bank credits by local governments. According to the memo, local governments may authorize the use of mitigation credits not only under the state’s Environmental Resource Permit (ERP) program but also under their own approved local pollution control programs. The memorandum, authored by John J. Truitt, Deputy Secretary

Farmton Mitigation Bank located in Volusia County, Florida USACE Issues New Standards for Aquatic Resource Delineation: What It Means for Mitigation Projects When it comes to mitigation banking, clarity and consistency in aquatic resource delineation are essential. As of July 2025, the U.S. Army Corps of Engineers (USACE) has released a new set of Recommended Minimum Standards for Aquatic Resource Delineation Reports (ARDRs)—and if you’re a landowner, consultant, or developer working in Florida, these changes matter. At The Mitigation Banking Group, we help

Florida’s Mitigation Banking Bill Signed Into Law: What SB 492 Means for Credit Supply, Markets, and MBG Clients On June 26, 2025, Governor Ron DeSantis signed Senate Bill 492 (CS/CS/SB 492) into law, a significant win for Florida’s mitigation banking industry and a welcome solution for persistent credit deficiencies in constrained watersheds. This legislative update provides much-needed clarity, stability, and flexibility for mitigation credit releases, while also addressing how credits can be used across regional watershed boundaries when supply falls short.

New 2025 WOTUS Guidance Defines “Continuous Surface Connection” in Light of Sackett Decision On March 12, 2025, the U.S. Environmental Protection Agency (EPA) and the Department of the Army jointly issued a new memorandum clarifying how the “continuous surface connection” (CSC) standard should be applied when determining jurisdictional wetlands under the Clean Water Act. This 2025 WOTUS Guidance aims to bring national consistency and clarity to a critical question: When is a wetland considered adjacent to waters of the United