Site Protection Instruments for Compensatory Mitigation

Under the final rule, Compensatory Mitigation for Losses of Aquatic Resources, 33 C.F.R. pt. 332 (Mitigation Rule), all compensatory mitigation plans authorized under a U.S. Department of the Army (DA) permit are required to address 12 fundamental components, one of which is site protection. The Mitigation Rule states that the long-term site protection of compensatory mitigation sites must be provided through real estate instruments or other available mechanisms, as appropriate.