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U.S. Army Corps of Engineers Issues New Compensatory Mitigation Guidelines for California

The U.S. Army Corps of Engineers, South Pacific Division, has issued its “Final 2015 Regional Compensatory Mitigation and Monitoring Guidelines.”

The Guidelines will apply in the Corps’ San Francisco, Sacramento, Los Angeles, and Albuquerque districts, which together cover California, Nevada, Utah, New Mexico, and parts of Colorado and Texas.

The Guidelines specify requirements and procedures for compensatory mitigation implemented under the Corp’s regulatory program, including for Clean Water Act section 404 permits. The Guidelines apply to mitigation banks, in-lieu fee programs, and permittee-responsible mitigation. The intent of the Guidelines is to standardize compensatory mitigation procedures throughout the region, and to help regulated parties in selecting appropriate mitigation sites and in preparing mitigation plans.

The Guidelines are available here.

Copyright © 2020, Sheppard Mullin Richter & Hampton LLP.National Law Review, Volume V, Number 21

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About this Author

Alexander L. Merritt, Real Estate Attorney, Sheppard Mullin
Associate

Alex Merritt is an associate in the Real Estate, Environmental, and Land Use and Natural Resources practice group in the firm's San Francisco office.

Areas of Practice

Mr. Merritt’s practice focuses on land use matters and real estate litigation. He assists developers and property owners in complying with CEQA and planning and zoning regulations; obtaining development entitlements and regulatory approvals; drafting transactional real estate documents and conservation easements; and litigating...

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