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Wading Into Wetland Mitigation: Some Practical Tips

Law360 (October 23, 2008, 12:00 AM EDT) -- Any person wanting to dredge or place fill within a wetland as defined as a "water of the United States," must first apply to the U.S. Army Corps of Engineers for a permit under Section 404 of the federal Clean Water Act. 33 U.S.C. Sec. 1344.

Ordinarily, as a part of the permitting process, compensatory mitigation of the impacted wetlands will be required. Mitigation includes not only avoiding or minimizing the negative impacts when designing the project, but also creating, or enhancing wetlands on-site or off-site....
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