Washington State Department of Ecology

In-Lieu Fee (ILF) Mitigation

In this approach to mitigation, a permittee pays a fee to a third party in lieu of conducting project-specific mitigation or buying credits from a mitigation bank. ILF mitigation is used mainly to compensate for minor impacts to wetlands when better approaches to compensation are not available, practicable, or when the use of an ILF is in the best interest of the environment. Compensation for larger impacts is usually provided by project-specific mitigation or a mitigation bank.

An ILF represents the expected costs to a third party of replacing the wetland functions lost or degraded as a result of the permittee’s project. ILFs are typically held in trust until they can be combined with other ILFs to finance a mitigation project. The entity operating the trust is typically a nonprofit organization such as a local land trust, private conservation group, or government agency with demonstrated competence in natural resource management.

Approved ILF Programs in Washington State

King County - The King County ILF program is the first federally approved ILF program in Washington State. Ecology, the Corps, and EPA approved the King County ILF program on March 12, 2012. The ILF is now approved to sell credits to permit applicants in all of King County. Check the ILF program’s webpage for further details regarding this program, credit availability, and contact information.
> More on the King County ILF Program

ILF Programs Proposed in Washington State

Hood Canal Coordinating Council – Ecology and the U.S. Army Corps of Engineers (Corps) requested comments on a proposal to establish a Hood Canal in-lieu fee program. A Joint Public Notice (PDF) was posted August 24, 2011 and expired on September 22, 2011. The proposed Hood Canal Coordinating Council (HCCC) ILF program would be applicable for aquatic resource impacts in the portions of WRIAs 14, 15, 16, and 17 that drain to Hood Canal.
> MORE on the HCCC ILF Program (Sponsor's web page)

Lower Lake Chelan - Ecology and the Corps requested comments on a proposal to establish the Lower Lake Chelan in-lieu fee mitigation program. A Joint Public Notice (PDF) was published on August 17, 2010 and expired on September 16, 2010.
> MORE on the Lower Lake Chelan ILF

Pierce County – Ecology and the Corps requested comments on a proposal to establish a Pierce County ILF Mitigation Program. A Joint Public Notice (PDF) was posted on the Corps web page on January 6, 2012 and expired on February 5, 2012. A prospectus describing the proposed program was received from the program sponsor, Pierce County Surface Water Management Department, dated November 2011, and titled "Revised Pierce County In-Lieu Fee Prospectus" (PDF). An ILF Inter-Agency Review Team (IRT) kick-off meeting was held on February 28, 2012. Pierce County was notified by the co-chairs on March 6, 2012 that they could move forward to the draft Instrument stage.
> More on the Pierce County ILF Program