In-Lieu Fee Mitigation

Stream + Wetland Foundation's ILF Programs

S+W sponsors two in-lieu fee (ILF) programs designed to provide wetland and stream mitigation credits through the restoration, enhancement, and protection of aquatic resources. Federal regulations require that an ILF program be administered by state or local government agencies or nonprofit natural resource-based entities. S+W is the first entity in Ohio to be approved to operate an ILF program since the 2008 federal rule was issued.

Benefits of ILF Projects to Applicants Include:

  • Shorter permitting process
  • Greater environmental benefit with larger land area
  • Reduced risk of failure
  • Allows the applicant to achieve a better economy of scale and therefore lower overall project cost.

More Information About In-Lieu Fee (ILF) Programs

The ILF provides third-party compensatory mitigation for unavoidable impacts to wetlands delineated as waters of the United States and waters of the State of Ohio. More particularly, the ILF will be used to satisfy the compensatory wetlands mitigation requirements of permits issued under Section 404 and 401 of the Clean Water Act, the Ohio Isolated Wetlands Permit Program (ORC 6111), and Section 10 of the Rivers and Harbors Act.

ILF Credits vs. Mitigation Bank Credits

ILF mitigation credits work essentially the same way as credits purchased from mitigation bank. However, an ILF project is not required to be completed in advance of the impacts. Instead, an ILF sponsor has three years from the time of the impacts to begin a mitigation project. The key similarity to banks, once a permit applicant completes payment to the ILF sponsor, is that the applicant has fulfilled the requirements of their permit.

“Stream + Wetlands Foundation is an invaluable resource for the HBA of Greater Cleveland and our members. We have been fortunate to have S+W President Vince Messerly speak at multiple chapter events. Most recently, Vince conducted a wetlands seminar for the developers’ council where he spoke about wetland mitigation strategies. In addition to the presentation, he conducted a field visit which was very informative and well-received by the attendees. We know that if we, or one of our members, have a question or need guidance, Vince and his team are only a phone call away!”

— Brenda Callaghan, Executive Director, Home Builders Association of Greater Cleveland

Have Additional Questions About ILF Programs?

We invite you to get in touch with us today to see how our ILF program can benefit your organization. Once we receive your submission, a trusted member of the S+W team will reach out shortly with the answers to your questions along with the opportunities available to you now!

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