AGC Sends Preliminary Feedback as Administration Looks to Revise Mitigation Requirements

In mid-August, AGC prepared written recommendations for the U.S. Army Corps of Engineers as the agency works to review and revise the decade-old Compensatory Mitigation Rule, which addresses mitigation requirements for Clean Water Act (CWA) permits. AGC’s recommendations focus on how the Corps could reduce mitigation uncertainty and inconsistency in the process, increase mitigation banking capacity, and help alleviate some of the delays on projects related to the CWA permit approvals. AGC also encourages the Corps to provide for alternative, programmatic, and multipurpose options for mitigation.  

AGC sent its recommendations during the “pre-proposal” phase---serving as an overview of concerns raised by AGC members. The Corps will consider AGC’s and others public feedback in drafting its proposal to revise the current regulatory language. Although delayed, revision of the 2008 Compensatory Mitigation Rule continues to appear on the agency’s list of regulatory actions, and a proposal is now expected by the end of 2019.

For more information, contact Melinda Tomaino at

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