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Compensatory Mitigation in the Louisiana Coastal Zone
What is mitigation?
Mitigation is all actions taken to avoid, minimize, restore, and compensate for loss of ecological values due to an activity. Avoidance and minimization can start in the planning phase of an action by reducing the scope of the proposal in vegetated wetlands including conducting all activities in a non-wetland location.
Why mitigation?
The Rules and Regulations for Permits and Mitigation promulgated as part of the Louisiana Coastal Resources Program require compensatory mitigation for impacts to vegetated wetlands in the Louisiana Coastal Zone. These requirements state that the secretary shall not grant a Coastal Use Permit for an individual activity unless authorization is conditioned to include a requirement for compensatory mitigation to offset any net loss of wetland ecological value that is anticipated to occur.
Compensatory Mitigation
Replacement, substitution, enhancement, or protection of ecological values to offset anticipated losses of ecological value caused by a permitted activity. The secretary will consider recommendations of state and federal agencies and parishes with approved local programs when selecting compensatory mitigation.
Compensatory Mitigation Options
- CMD approved mitigation bank/area credits
- Advanced mitigation credits
- Implementation of individual mitigation measure
- Monetary contribution to the affected landowner or affected parish (with an approved Local Parish Program) to implement an approved compensatory mitigation plan and/or to the Louisiana Wetlands Conservation and Restoration Fund. (NOTE: In accordance with R.S. 214.42.D., the Department may accept payment to the Coastal Mitigation Account [in the Louisiana Wetlands Conservation and Restoration Fund] in lieu of compensatory mitigation ONLY when the permittee is unable to provide mitigation through an individual project or through a mitigation bank or area located in the Louisiana Coastal Zone.)
- Other options determined to be appropriate by the secretary which fully compensate for lost habitat values.
Location Priorities
- Mitigation must have a positive impact on ecological value of the Louisiana Coastal Zone
- Should be on-site if possible
- Located on affected landowner's property*
- Located within the same hydrologic basin
- In order of preference:
- Same Habitat Type
- Produce similar ecological values to those impacted
- Contribute to the overall wetland health of the hydrologic basin despite being in a different habitat type
*R.S. 49:214.41 states : “The owner of the land on which a permitted activity is to occur shall have the option of requiring on-site compensatory mitigation on his property...provided that the secretary determines that the proposed mitigation is acceptable and sufficient.”
To reduce the likelihood of extensive delays in the processing of a permit application,
the permit applicant should coordinate with the affected landowner to develop a mitigation
plan on the affected landowner’s property if the landowner desires to have mitigation
done on his property.
Generally, mitigation
obligations are not assessed on an acre for acre basis. Unavoidable net losses to wetland
ecological A Couple of Final PointsIn many cases, a proposed compensatory mitigation project must also meet the approval of several state and federal regulatory and commenting agencies.
Still have questions?Any questions concerning mitigation should be directed to the Coastal Management Division by calling 1-800-267-4019; visiting our web site under “Regulations from the Louisiana Administrative Code”; or writing us at:
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The
Coastal Management Division will notify the permit applicant and the affected landowner when
it has been determined
that a proposed activity will impact vegetated wetlands. If a permit 
applicant suspects that
his proposed activity may impact vegetated wetlands, the applicant should start planning
a mitigation strategy early in the project planning or permitting process.
It is a landowner’s responsibility, not that of the permit applicant or the applicant’s
agent, tonotify the Coastal Management Division of his intention to pursue his option to
request compensatory mitigation on his property. If the affected landowner waives his option
to have mitigation on his property, the permit applicant should pursue mitigation according
to the priorities listed in this brochure.
value resulting from a project are quantified as habitat units using the appropriate
Wetland Value Assessment (WVA) model. Net gains in habitat units resulting from a compensatory
mitigation action must equal the habitat units lost.
When it has been established that compensatory mitigation is required, a fee will be charged
for evaluation, processing, and determination of compensatory mitigation requirements. The
fee is based on the size of the wetland impacts being mitigated. |
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