Compensatory Mitigation

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 Procedures for Permits and Mitigation promulgated as part of the Louisiana Coastal Resources Program require compensatory mitigation for impacts to coastal resources in the Louisiana Coastal Zone. These requirements state that the Secretary of the Department of Conservation and Energy 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 ecological value that is anticipated to occur.

What is compensatory mitigation?

Compensatory mitigation is defined as the replacement, substitution, enhancement, or protection of ecological values to offset anticipated losses of ecological value caused by a permitted activity. The Secretary of the Department of Conservation and Energy will consider recommendations of state and federal agencies and parishes with approved local programs when selecting compensatory mitigation.

Compensatory Mitigation Options

• Purchase habitat credits from an Office of Permitting and Compliance-approved mitigation bank
• Purchase credits from an approved In-Lieu Fee Mitigation Program
• Implementation of an individual mitigation project
• Other options determined to be appropriate by the Secretary of the Department of Conservation and Energy, which fully compensate for lost habitat values.

Factors in Determining Mitigation Options

• Mitigation must completely offset the unavoidable net loss of coastal resources as determined by the accepted Wetland Value Assessment Methodology Models.
• Mitigation must have a positive impact on the ecological value of the Louisiana Coastal Zone or the Louisiana Coastal Wetlands Conservation Plan area.
• In accordance with amendments to the Rules and Procedures for Mitigation effective January 20, 2014 (LAC, Title 43, Part I, Chapter 7, Subchapter C, Section §724), Applicants are responsible for notifying all landowners of the mitigation options available to them when unavoidable anticipated net losses of or impacts to coastal resources on their property are one (1) acre or greater. R.S. 49:214.41.E 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."
• Mitigation should be located within the same hydrologic basin.
• Mitigation should be of the same habitat type as the proposed impacted habitat or produce similar ecological values to the habitat type proposed to be impacted.
• Mitigation should contribute to the overall wetland health of the hydrologic basin despite being in a different habitat type.
• Mitigation should be consistent with Louisiana's Comprehensive Master Plan for a Sustainable Coast.

Affected Landowner Coordination

The permit applicant is required to notify the affected landowner(s) when it has been determined that a proposed activity will impact coastal resources and when unavoidable anticipated net losses of or impacts to coastal resources on their property are one acre or greater. If a permit applicant anticipates that the proposed activity may impact coastal resources, the applicant should provide a mitigation strategy early in the project planning or permitting process.

To reduce the likelihood of extensive delays in the processing of a permit application, the permit applicant should coordinate with the affected landowner(s) that have one (1) acre or more of anticipated net losses or impacts to coastal resources, to develop a mitigation plan on the affected landowner's or landowners' property if the landowner desires to have mitigation done on their property.

It is an affected landowner's responsibility to notify the applicant or applicant's agent of his intention to pursue his option to request compensatory mitigation on his property. If the affected landowner(s) waives his/her option to have mitigation on his property, the permit applicant should pursue mitigation according to the options provided above.

Methodology

Generally, mitigation obligations are not assessed on an acre-for-acre basis. Unavoidable net losses to wetland ecological 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.

Final Points

In many cases, a proposed compensatory mitigation project may also meet the approval of several state and federal regulatory and commenting agencies.

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 or acres of wetland impacts that require compensatory mitigation.