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Two major Mitigation Policy Changes occurred in 2020 for the Wetland Mitigation Banking Industry: 1) The New Navigable Waters Protection Rule. On April 21, 2020; the new rule was approved to define “WOTUS” which limits the Extent of Federal Regulation for Wetlands. Therefore, less Federal Mitigation will be Needed for Projects that have Wetland Impacts. The new policy removes isolated wetlands from jurisdiction from the CWA Section 404.  We are hopeful that this new policy will provide Clarity & Less Time spent

The Federal Government has granted Florida’s request for wider authority over wetlands under the Clean Water Act. Florida becomes one of a handful of states with broader permitting authority of wetlands under the federal Clean Water Act. Michigan and New Jersey had been granted similar authority decades ago. Florida’s request to gain sole permitting authority was launched under the administration of Gov. Rick Scott, now a U.S. senator, who said the EPA’s action does away with “duplicative rules on the state and federal levels”

2020 Holiday Message This year has been like no other in our lifetime. 2020 has been tough and challenging, but the holiday season gives us all hope for the future! Here is to a fantastic end to 2020 and a prosperous 2021 to you, your families and your businesses. I wish you a very safe and Merry Christmas and may the New Year bring good health, happiness and good fortune. A blessed festive season to all! Victoria K. Bruce The Mitigation Banking Group, Inc.

Technology impacts the way we live and work. Natural resources consulting is no exception. Victoria presents at the Ecobot 2020 Webinar Series on Impacts of Changes to Wetlands Mitigation Banking! mitigationbankinginc.com (407) 960-5787

In this webinar scheduled for December 9th at 12:30pm EST, co-hosted with Esri, we will hear from seasoned wetland mitigation bankers and consulting scientists who are navigating recent changes in wetland policy. We will take a look at the impacts of changes to Nationwide Permits, the Navigable Water Protection Rule, and NEPA rollbacks while also highlighting how technological developments can help simplify complex regulatory processes.   Moderators: Jeremy Schewe, PWS, Chief Scientific Officer,  Ecobot Daniel Martin, Consultant/Project Manager, 

MBG, Inc assists clients with the due-diligence and acquisition process by providing a detailed market analysis of current supply in the market and historic demand within that specific region. Victoria Bruce connects Mitigation Bankers with suitable Investors looking to invest in a mitigation bank. Mitigation Bankers who are interested in entering the market rely on MBG, Inc. for vital historical analysis of mitigation credit sales and project data needed to help the process be seamless!

A pending decision would authorize the Florida Department of Environmental Protection (FDEP) to assume administration of the federal Clean Water Act, section 404 dredge and fill permitting program from the US Army Corps of Engineers (USACE). If approved, FDEP would issue federal 404 permits instead of USACE, thus FDEP will be the lead agency in Florida for administering the State 404 Permit Program. The strategies and priorities for permit review, compliance monitoring and enforcement of permits, and against persons conducting unauthorized discharges

The U.S. Environmental Protection Agency provided notice on August 20, 2020, that they received a complete package from the State of Florida requesting to assume administration of a Clean Water Act (CWA) Section 404 program. The CWA established the Section 404 program, under which the U.S. Army Corps of Engineers (Corps) may issue permits for the discharge of dredged or fill material into “waters of the United States” as identified in the CWA. Section 404(g)(1) of the CWA provides states

1. Benefits to the Environment Establishment of a mitigation bank brings together financial resources, biological planning and scientific expertise. Consolidating these resources increase the potential for long-term successful mitigation that maximizes contribution to the environment. A large scale mitigation bank project has the opportunity to maintain the integrity of the aquatic ecosystem. The complexity of a wetland is difficult to encompass in a small development project. The larger mitigation bank has a better chance of encompassing all necessary biological functions. 2. Save

Introducing the United States Army Corps of Engineers (ACOE) New Final Prospectus Template.   Use this guide to submit the Prospectus, the Initial Step to Obtain a Mitigation Banking Instrument (MBI) for the ACOE. This document will initiate the planning and review process by the appropriate agencies. Prior to submitting a prospectus, bank sponsors are encouraged to discuss their proposal with the appropriate agencies (e.g., pre-application coordination).   View the USACE Prospectus