In-Lieu Fee Mitigation

In-Lieu Fee (ILF) mitigation is one type of mitigation that can be used to compensate for unavoidable impacts to wetlands. In this approach to mitigation, a permittee pays a fee to a third party instead of conducting project-specific mitigation or buying credits from a wetland mitigation bank. The fee charged by an ILF Program Sponsor (Sponsor) represents the expected cost of replacing the wetland functions lost or degraded as a result of the permittee's impact project. An ILF Program typically combines fees collected from one or more impact projects to finance a mitigation project.

The Sponsor of an ILF program must be a government agency or a non-profit organization with demonstrated competence in natural resource management.

Ecology’s Role in ILF Programs

As of January 2017, Ecology is no longer involved in the authorization or ongoing management of ILF programs. However, Ecology does allow the use of ILF programs to compensate for unavoidable impacts to waters of the State as authorized under a state Section 401 Water Quality Certification or an Administrative Order.

If you are interested in developing an ILF program, contact the U.S. Army Corps of Engineers, Seattle District:

Suzanne Anderson
206-764-3708
suzanne.l.anderson@usace.army.mil

How do I use an ILF Program?

Complete an In-Lieu Fee Use Plan (PDF). This document is provided as a guide for permit applicants planning on proposing the use of an ILF Program as their mitigation option. This document specifies the information and documentation that should be included within the mitigation plans (ILF Use Plans) that the permit applicants submit to the regulatory agencies. The ILF Use Plan helps the regulatory agencies determine if the use of an ILF Program provides adequate compensation for the permitted impact projects.

Approved ILF Programs in Washington State

(Click an ILF program’s name below to go to the program sponsor's webpage.)