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Overview |
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What
is a mitigation bank and why might I need one?
The development of vast parcels of land across the country destroys
or threatens thousands of acres of wetlands and other sensitive habitats
every year. Recognizing that the potential loss of many sensitive
plant and animal species could be irreversible and could affect other
species that coexist for part or all of the year in these areas, the State and Federal governments has enacted laws and regulations designed
to preserve these sensitive habitats. A policy of "no-net-loss"
of wetlands has been dictated by the President of the United States.
Although the agencies prefer that these areas remain undisturbed,
they recognize that this is not always practical. Wetlands substitution
or replacement at another site is an acceptable solution where avoidance
is not possible. However, until recently, a developer or landowner
had only two options open to him/her:
- The landowner could mitigate the lost habitat or wetlands on
a portion of the site he was developing; a loss of expensive development
land, or
- The landowner could purchase another piece of land on which
to develop compensatory habitat.
Unfortunately, both of these options require long-term monitoring
and maintenance of the habitat to ensure its viability. They must
meet regulatory agency standards at construction, and then must continue
to meet said standards for a minimum of 5 years. If the habitat should
begin to fail, the developer would be required to correct that aspect
of the habitat which has failed, replant and/or restock the habitat
to the standards set by the agencies. This can be very costly in terms
of time and money, and if the developer is not qualified to maintain
or monitor the habitat, he faces the additional expense of hiring
a professional to perform this task.
Now a new solution called Mitigation banking
is simplifying the process for the development community.
Mitigation banks are preserves of protected, restored or constructed
wetlands or other habitats, set aside to meet governmental requirements
for compensatory mitigation of impacts to wetlands and other habitats
which occur with development. When a landowner or developer needs
to substitute habitats for those being lost to development, he can
purchase "credits" in a mitigation bank. Credits are a term
used for a habitat value that is predetermined by an agreement between
the mitigation bank developer and Sate and Federal agencies. The mitigation
bank is authorized to sell credits to developers or landowners where
on-site mitigation or avoidance of the wetlands or other habitat is
not feasible.
Mitigation banks are a better solution ecologically, because they
allow for mitigation before impact to existing wetlands, are generally
of much larger size and they consolidate financial resources and biological
expertise to provide a more focused approach. By creating the wetlands
or other habitat and proving its viability before impacting an existing
habitat, the bank assures both governmental agencies and the developer
that "no-net-loss" of habitat or loss of habitat function
will occur. Consolidating wetlands and resources from many smaller
isolated projects into larger mitigation banks better protects the
threatened ecosystem, and improves the successful establishment and
long term management of these habitats.
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