DEP Rescinds Function-Based Aquatic Resource Compensation Protocol For Mandatory Mitigation Under Chapter 105 For Reevaluation

On January 7, the Department of Environmental Protection published notice in the PA Bulletin it is rescinding the Chapter 105 PA Function-Based Aquatic Resources Compensation Protocol Guidance (310-2137-001) for reevaluation.

“The Department is rescinding this TGD to reevaluate its effectiveness and review potential revisions through stakeholder outreach.”

The Guidance provided a standardized system for calculating the required compensatory mitigation for impacts to waters of the Commonwealth and for determining the credits that a proposed mitigation site would generate.

The Protocol was adopted, in part, because Pennsylvania’s previous Wetlands Replacement project did not comply with the U.S. Army Corps Of Engineers' 2008 Wetlands Mitigation Rule and was therefore not accepted by the Corps.

The Protocol also favored mitigation banking ahead of permitee-responsible mitigation and provided the mitigation banking industry more certainty in developing banking projects.

The Guidance went into effect on March 1, 2022, after nearly eight years of development and public comment.

The Compensation Protocol is the companion guide to the “Pennsylvania Wetland Condition Level 2 Rapid Assessment Protocol,” which was published in January 2017.

Questions should be directed to Andy Klinger at anklinger@pa.gov or (717) 772-5975.

[Posted: January 7, 2023]  PA Environment Digest