United States Department of Transportation - Federal Highway Administration
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Wetland Legislation and Guidance

Federal-aid Eligibility for Long-Term Management Activities in Wetland and Natural Habitat Mitigation - October 3, 2008

Federal-aid Eligibility for Long-Term Management Activities in Wetlands and Natural Habitat Mitigation - March 10, 2005

Federal Guidance on the Use of the TEA-21 Preference for Mitigation Banking to fulfill Mitigation Requirements under Section 404 of the Clean Water Act - July 23, 2003

Information and Guidance on Jurisdictional Coverage of Isolated, Non-Navigable Intrastate Waters - January 17, 2003

Information and Guidance on the Wetlands Mitigation Action Plan and the revised Corps Regulatory Guidance Letter - January 13, 2003

Information and Guidance on Section 404 Nationwide Permits - February 7, 2002

Information on the new Regulatory Guidance Letter from the Corps of Engineers on Compensatory Wetland Mitigation - November 8, 2001

Information and Additional Guidance on the language in TEA-21 that established the preference for using wetland mitigation banks - August 13, 2001

Legal Analysis of New Supreme Court case on Wetlands - February 8, 2001

Information and Guidance on the Supreme Court Ruling on Isolated Wetlands - January 12, 2001

Mitigation of Impacts to Wetlands and Natural Habitat - Final Rule - December 29, 2000

Federal Guidance on the Use of In-Lieu-Fee arrangements for Compensatory Mitigation under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act - November 7, 2000

Use of Private Wetland Mitigation Banks Memorandum - December 18, 1995

Use of Private Wetland Mitigation as Compensatory Mitigation for Highway Project Impacts Memorandum - July 5, 1995

Funding for Establishment of Wetland Mitigation Banks Memorandum - October 24, 1994

Wetland Banking and Banking Agreements Memorandum - April 22, 1993

Questions and feedback should be directed to Marlys Osterhues (marlys.osterhues@dot.gov, 202-366-2052).

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