Permittee Responsible Mitigation

What is Permittee Responsible Mitigation? Permittee responsible mitigation is when permittees are responsible for implementing compensatory mitigation of aquatic resources as part of the approved permit. The permit applicant is responsible for identifying and designing compensatory mitigation, and submitting this proposed mitigation with the permit application. If the compensatory mitigation is acceptable and the permit application is approved, the permittee is responsible for all construction, maintenance, monitoring, and any corrective measures or actions required.

Unlike mitigation banking and in-lieu fee, the permittee does not obtain regulatory relief from compensatory mitigation. Typically permits are conditioned to require construction, and ensure adequate establishment and monitoring of mitigation over a number of years.

Applicants are strongly encouraged to have pre-application meetings to discuss permittee responsible mitigation requirements, site selection, and design with DEP.

Locating a Compensatory Mitigation Site

Locating an acceptable compensatory mitigation site to fully mitigate for the impacts is typically one of the largest challenges with permittee responsible mitigation. Applicants should be in discussions with DEP through pre-application meetings throughout this process.