What are the Regulatory Criteria for Using a Bank?
According to federal guidance on the establishment, use and operation of mitigation banks, banks should be used to compensate for minor aquatic resource impacts. This includes impacts authorized under nationwide permits and the numerous, small impacts associated with linear projects (e.g., roadways, utility corridors, etc.). For larger aquatic resource impacts, use of a bank may be appropriate, as determined on a case-by-case basis, if the essential functions of the impacted resources can be adequately replaced at the bank. Additionally, a combination of on-site and off-site (i.e., banked) mitigation may be appropriate.
