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 of Regulatory Programs, confirms that the use of mitigation credits in this context is fully supported by Florida law, including sections 373.4135(2), 373.4136(6)(c), and 373.414(18) of the Florida Statutes.
Key Legal Takeaways
- Local governments cannot deny the use of mitigation bank credits due to the credit’s location being outside of their jurisdiction.
- Once a mitigation bank service area is established and approved by DEP or a Water Management District, it must be accepted by all local governments and state agencies.
- Mitigation bank credits may be used for permitted wetland or surface water impacts regulated under local pollution control programs—not just the ERP program.
- The uniform mitigation assessment method remains the binding standard across all levels of government for determining mitigation needs.
Implications for Stakeholders
This clarification has significant implications for developers, mitigation bankers, environmental consultants, and local governments:
- Developers can expect more streamlined permitting processes and broader credit access.
- Local governments now have official authority to use mitigation bank credits in their own programs.
- Mitigation banks may see expanded demand and service area utilization.
- Environmental consultants gain added clarity in advising clients on mitigation strategy and compliance.
This policy clarification strengthens the role of mitigation banking as a practical and scalable environmental solution across the state of Florida.
Read the Full Memorandum
For more information about how this change may affect your project or property, contact The Mitigation Banking Group for a consultation.
