New Program Balances Growth With Natural Resource Conservation

Mitigation Program Announced By Maine Department of Environmental Protection, U.S. Army Corps of Engineers and The Nature Conservancy

BRUNSWICK, MAINE — January 31, 2008 — Federal, state and nonprofit cooperation has created a mechanism which will help offset unavoidable impacts on wetlands and other protected natural resources at one site by preserving or restoring resources of a similar nature at another. The Maine Department of Environment Protection, the U.S. Army Corps of Engineers and The Nature Conservancy have created the Maine Natural Resource Mitigation Fund that gives the agencies the option of requiring a fee in lieu of on-the-ground mitigation.

“The real take home message is that we will be able to conserve more wetland acres in Maine,” said David P. Littell, Commissioner, Maine Department of Environmental Protection. “In some cases, land developers whose impacts were previously considered too small to be mitigated can now compensate the public for the loss of important wetland values.”

Deborah Garrett, deputy commissioner of Maine DEP, Colonel Curtis Thalken of the U.S. Army Corps of Engineers, and Mike Tetreault, executive director of the Conservancy in Maine, sign the agreement establishing an In Lieu Fee program in Maine. Photo © Bruce Kidman/TNC

Salt marsh in the Kennebec Estuary.

Maine's Natural Resource Mitigation Fund will allow the use of mitigation fees to conserve wetlands like this salt marsh in the Kennebec Estuary. Photo © Bruce Kidman/TNC

Maine’s Natural Resource Mitigation Fund provides an alternative when the agencies determine that on-site mitigation is deemed less beneficial. Previously, site-specific mitigation for many projects has had limited ecological value due to their size, location, and/or permittee’s ability to provide appropriate stewardship. Some impacts were considered too small even to compensate.

“After all efforts have been made to avoid or minimize those impacts, this program will provide permit applicants an efficient and workable alternative while providing a better outcome for our wetland habitats,” said Colonel Curtis Thalken, of the U.S. Army Corps of Engineers, New England District. “The fees will be used to restore, create, enhance or preserve aquatic resources and their associated uplands.”

A fee structure has been developed by the state and federal agencies. The Nature Conservancy will use its expertise in conservation science to identify other wetland resources where the resulting funds can be invested.

“This is an important step forward for wetland conservation in Maine,” said Mike Tetreault, state director for The Nature Conservancy in Maine. “Until now, there was no system in place to offset the loss of many of these natural areas. By stepping up efforts to preserve and restore our wetland habitats, we are helping to ensure their resiliency in the face of climate change.”

Wetland habitats perform a vital role in nature. Salt marshes, for example, provide a natural buffer to storms and flooding, and supply nutrients to native vegetation, fish and wildlife. Balancing the loss of these natural resources with preservation and restoration at a site nearby is essential to maintaining the ecological benefits these habitats provide.

How the program works: In Lieu Fee funds are generated when an applicant seeks a permit for a construction project that impacts natural resources. The Department of Environmental Protection (DEP) or Army Corps of Engineers, New England District (ACE) examines the project to determine if the impact can be avoided. If the DEP/ACE determines that a mitigation fee is the most appropriate means of addressing the lost resource function and value, then the agency assesses and collects the fee for the Fund.

As Administrator for the Fund, The Nature Conservancy’s role is to identify priorities for wetland conservation in the same area or biophysical region. The Conservancy then presents the proposals to a Review Committee. The Review Committee, made up of state and federal agencies and non-governmental partners, then makes recommendations on where the In Lieu Fee funds should be used. Final decisions are made by the Department and Corps in consultation with resource agencies. Once the restoration or preservation sites are chosen, The Nature Conservancy is responsible for seeing that the projects are executed and that long term stewardship is assured.

The Nature Conservancy plays no role in determining which wetland impacts are assessed a mitigation fee, nor does it vote with the Review Committee on how the funds are used.

More information: The Maine DEP has posted a factsheet on the In Lieu Fee program and the Army Corps of Engineers has made a PDF of the draft In Lieu Fee agreement available.

For more information about The Nature Conservancy’s work in Maine, visit nature.org/maine.

The Nature Conservancy is a leading conservation organization working around the world to protect ecologically important lands and waters for nature and people. To date, the Conservancy and its more than one million members have been responsible for the protection of more than 15 million acres in the United States and have helped preserve more than 102 million acres in Latin America, the Caribbean, Asia and the Pacific. Visit The Nature Conservancy on the Web at www.nature.org.