Establishing In-Lieu Fee Mitigation Programs: Identifying Opportunities and Overcoming Challenges

Following the 2008 introduction of federal rules governing the operation of wetland compensatory mitigation
programs, existing and new in-lieu fee (ILF) mitigation programs were compelled to comply with
a series of new requirements. The Environmental Law Institute (ELI) asked ILF program sponsors across
the country to identify the most pressing challenges associated with developing and implementing ILF programs
under the new regulations. This article reviews the findings and identifies steps that may be helpful
in the process of establishing and implementing ILF programs in the future.