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Corps provides information on New Hampshire DES aquatic resource mitigation fund program report

Published Feb. 19, 2019

CONCORD, Mass. – The U.S. Army Corps of Engineers, New England District has issued a public notice to inform all those interested of the availability of the report on New Hampshire's In Lieu Fee (ILF) program titled, "Aquatic Resource Mitigation Fund Status, Trends and Program Improvements."


The program, which is an In-Lieu Fee (ILF) program, serves as an alternative form of compensation for impacts to aquatic resources authorized by the New England District, U.S. Army Corps of Engineers and/or the state of New Hampshire Department of Environmental Services (DES).


This report reviews the program's progress towards the goals established in the program instrument signed by the New Hampshire Department of Environmental Services and the U.S. Army Corps of Engineers, New England District, on May 17, 2012. It also summarizes for the review period: acres protected; fish passage improved; wetlands restored and enhanced; vernal pools protected; permits using the program; funds available for compensation; compensation projects awarded funds in each service area; and funds awarded to the compensation projects in each service area.


The "Aquatic Resource Mitigation Fund Status, Trends and Program Improvements" report is available for review and download on the Corps' website: https://www.nae.usace.army.mil/Missions/Regulatory/Mitigation/In-Lieu-Fee-Programs/NH/.


Compensatory mitigation occurs in circumstances where a permittee is required to compensate for the functions and values of aquatic resources lost as a result of the permit authorization after all efforts are made to avoid and minimize aquatic resources impacts. In-Lieu Fee is an option available to the permit applicant instead of completing permittee-responsible mitigation. Use of the In-Lieu Fee program is contingent upon Corps of Engineers and/or state of New Hampshire approval. 


The New Hampshire DES Aquatic Resource Mitigation (ARM) Fund was established in 2006 to provide wetlands permit applicants with an additional option to address federal and state mitigation requirements when impacts to jurisdictional wetlands and other aquatic resources are permitted that require mitigation. DES manages and implements the ARM Fund in accordance with both the state statutory requirements and a Memorandum of Understanding between DES and the U.S. Army Corps of Engineers that ensures consistency and compliance with federal standards.


All In-Lieu Fee agreements in New England are available for review on the Corps’ website at



The public notice and a link to the “Aquatic Resource Mitigation Fund Status, Trends and Program Improvements” report can be viewed on the Corps of Engineers website at www.nae.usace.army.mil/Missions/Regulatory/PublicNotices.aspx. For additional information on this program (File # NAE-2005-01142) contact the U.S. Army Corps of Engineers, New England District, Regulatory Division (ATTN: Lindsey Lefebvre), 696 Virginia Road, Concord, MA 01742-2751 or by email to: lindsey.e.lefebvre@usace.army.mil


Tim Dugan

Release no. 19-013