- The document discusses the history and evolution of wetland regulation in the United States from the 1700s to the present, including a shift from encouraging wetland conversion to establishing regulations to protect wetlands. - Key milestones included the Clean Water Act of 1972 which established a permit program for dredging and filling wetlands, and regulations in the 1980s which allowed mitigation to offset wetland impacts. - Recent revisions to mitigation regulations in 2008 established more stringent requirements for mitigation planning, functional replacement of wetland impacts, and preference for mitigation banking.

1. Recent Developments in Wetland Mitigation Regulations and Their Implications for Right-of-Way Development and Management Robert G. Doherty & James L. Arndt

7. National Research Council, 1995 Arndt Paraphrase: “Your hearts are in the right place, but you don’t know what you’re doing” “ The federal regulatory system for the protection of wetlands is scientifically sound and effective in most respects, but it can be more efficient, more uniform, more credible with regulated entities, and more accurate in a technical or scientific sense through the constructive reforms of the type suggested in this report.” Mitigation Criticized (1): Small Acorns……

8. National Research Council, 2001 The CWA Section 404 program should be improved to achieve the goal of no net loss of wetlands for both AREA and FUNCTIONS ……[It] is of paramount importance that the regulatory agencies consider each permitting decision over broader geographic areas and longer time periods, i.e. by modifying the boundaries of permit decision making in time and space. Arndt Paraphrase: “Mitigation is not working…You need to listen to us, or bad things will happen to you and your programs” Mitigation Criticized (2): ….Grow into Big Oaks

15. Example 1 – Recent Projects, Charleston District Technical and Complicated

17. Example 2 – St. Paul District Two recent projects in Wisconsin and Minnesota. Obligations were met with a combination of different sites designed for Project-specific mitigation.