Mitigation News

DOJ Seeks Rehearing in Florida Section 404 Permitting Case

DOJ Seeks Rehearing in Florida Section 404 Permitting Case The U.S. Department of Justice has petitioned the full D.C. Circuit Court of Appeals to rehear a case challenging the EPA’s 2020 approval of Florida’s authority to issue Clean Water Act Section 404 dredge-and-fill permits. The Aug. 7, 2026 filing asks the full court to revisit a divided three-judge panel’s March 27, 2026 decision in Center for Biological Diversity v. Zeldin. Background In 2020, the EPA approved Florida’s application to assume Section 404

Colbert Cameron Mitigation Bank Converts from Ratio Credits to UMAM Credits

Wetland Mitigation Bank Credit Update   On May 8, 2026, Colbert Cameron Mitigation Bank converted the assessment method from RATIO Credits to UMAM Credits. This wetland mitigation bank in Volusia County services St. Johns River Basin (Basin 18), Econlockhatchee Nested Basin (Basin 19), Lake Jesup Basin (Basin 23), and the Northern Third of the Southern St. Johns River Basin (Basin 20). This update for the Colbert Cameron Mitigation Bank, which was permitted in 1996, prior to UMAM (2005), has been grandfathered in to

Water Quality Enhancement Areas & Credit Trading Rules

Water Quality Enhancement Areas (WQEAs) & Credit Trading: A Comprehensive Guide to Florida’s Latest Rules Florida is expanding its approach to compensatory mitigation and water quality improvement. The Department of Environmental Protection (DEP) has finalized new rules governing Water Quality Enhancement Areas (WQEAs) and is updating existing water quality credit trading programs to align with recent legislative changes, particularly Senate Bill 1532, signed into law in 2024. For environmental consultants, mitigation bankers, and project owners, understanding the difference between these two

The Key Provisions of Florida SB 848

The Key Provisions of Florida SB 848 CS/CS/SB 848 makes several targeted changes to Florida’s Environmental Resource Permit framework. Here is what the bill actually requires.   Credit Responsibility Transfers to the Generator When an ERP applicant purchases a Water Quality Enhancement Area credit, legal responsibility for meeting applicable water quality treatment requirements transfers from the buyer to the WQEA credit generator. This mirrors the structure of wetland mitigation banking, where credit purchase shifts long-term compliance obligations away from the developer.   Compensating

SB 848 Makes Regional Stormwater Treatment a Standard Compliance Tool in Florida

Florida residential stormwater pond with an outfall control structure, representing regional stormwater treatment under DEP's new WQEA and RSMS rules

Governor Ron DeSantis signed Senate Bill 848 into law on May 6, 2026, giving Florida engineers and developers a clearer statutory pathway to use regional stormwater treatment systems to satisfy Environmental Resource Permitting requirements. The bill authorizes Regional Stormwater Management Systems and Water Quality Enhancement Areas as standard compliance tools, moving off-site treatment from a regulatory exception to a routine design option. What SB 848 Actually Changes The bill does not alter Florida’s underlying stormwater performance standards. Those remain in the ERP

Florida’s Water Quality Enhancement Areas: What the New ERP Rule Means for Developers and Consultants

Florida’s Water Quality Enhancement Areas: What the New ERP Rule Means for Developers and Consultants Florida’s Environmental Resource Permit program is expanding. Starting July 1, 2026, a new category of ERP will allow landowners to construct natural treatment systems, earn enhancement credits, and sell those credits to developers and other ERP applicants who need to offset water quality impacts. These systems are called Water Quality Enhancement Areas, or WQEAs. Florida DEP held its fourth public workshop on this rulemaking on May

New Economic Research Confirms the Value of Florida’s Wetland Mitigation Banking Market

New Economic Research Confirms the Value of Florida’s Wetland Mitigation Banking Market A new study published in the May 2026 issue of The American Economic Review, “Conservation Priorities and Environmental Offsets: Markets for Florida Wetlands” by Daniel Aronoff (MIT) and Will Rafey (UCLA), provides the most comprehensive economic analysis to date of Florida’s wetland mitigation banking market. The findings reinforce what industry participants have long understood: mitigation banking delivers substantial economic value while supporting Florida’s regulatory framework for wetland conservation.   Key Findings

Wood Stork Delisted After Decades of Wetland Habitat Recovery

Wood Stork Delisted After Decades of Wetland Habitat Recovery The U.S. Fish and Wildlife Service announced on February 9, 2026 that the wood stork has been removed from the federal list of endangered and threatened wildlife. The delisting became final on March 9, 2026, marking a recovery milestone with deep ties to wetland conservation across Florida and the Southeast. A Recovery Built on Wetland Habitat When the wood stork was listed under the Endangered Species Act in 1984, the population had

Army Corps Signals Major Changes for Mitigation Bank Permitting

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