In this talk, we provide an overview of the process to provide compensatory mitigation for transportation projects in California. The process begins early in the project development process seeking first to avoid, the minimize impacts of the proposed transportation facility, and finally mitigating those impacts. Agencies have the option of purchasing mitigation credits from an agency-approved mitigation bank, paying into an in-lieu fee program (if available), or developing their own permitee responsible mitigation site. In most instances, development of an off-site, compensatory mitigation solution proves to be more beneficial to the ecosystem and well as more cost effective for transportation agencies than mitigating on-site or wthin project limits. In addition, this talk will also focus key elements of a successful permitee responsible mitigation site including:
- Site Selection-Land Acquisition
- Restoration Planning
- Legal Assurances-Conservation Easement
- Financial Assurances including Endowments
- Habitat Monitoring Requirements
- Long-term Management and Stewardship
Early consideration of compensatory mitigation obligations is essential for the successful delivery of any transportation projects. Impacts must be identified, cost estimates must be developed, funding must be secured, suitable land must be acquired, plans must be developed, regulatory agencies must agree with plans, leading to timely issuance of regulatory permits. Failure to address these issues early in the project development process can lead to delays in project delivery and increased project costs. In an era of scarce public resources, costly delays can be detrimental to a transportation agency's budget and relationship with its constituents.