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Compensatory Mitigation Guidance

This New England District Guidance, issued in July 2010, is for use when the Corps determines compensatory mitigation is appropriate for a particular project. This represents New England District policy and incorporates the requirements of the following documents:

          1. Compensatory Mitigation for Losses of Aquatic Resources; Final Rule 4/10/08; 33 CFR Parts 325 and 332 (“Mitigation Rule”) 

          2. Regulatory Guidance Letter 08-03: Minimum Monitoring Requirements for Compensatory Mitigation Projects Involving the Restoration, Establishment, and/or Enhancement of Aquatic Resources

The purpose of this document is twofold:

          1. To provide guidance to the regulated community on the requirements for mitigation required by the Corps of Engineers, New England District, and;

          2. To provide a standardized format for the Corps to use in reviewing mitigation plans for their technical merit and ability to replace impacted functions.