Federal Guidance on the Use of Off-Site and Out-of-Kind Compensatory Mitigation Under Section 404 of the Clean Water Act

Federal Guidance on the Use of Off-Site and Out-of-Kind Compensatory Mitigation Under Section 404 of the Clean Water Act

By Government of the United States

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This document provides interagency guidance on the use of off-site and out-of-kind
compensatory mitigation undertaken to meet permit requirements under Section 404 of the Clean
Water Act (CWA). The permit program relies on compensatory mitigation to offset unavoidable
impacts to aquatic systems by replacing aquatic functions lost in association with permitted
activities.