Using Templates to Expedite Establishment of Multiagency Mitigation Banks

The U.S. Army Corps of Engineers’ (the Corps’) 2008 Compensatory Mitigation Rule allows for non-Clean Water Act §404 credit types to be established in a mitigation bank under a multiagency interagency review team (IRT). Such a bank would need to meet the criteria of each agency with jurisdiction over its credits. In such cases, each agency with jurisdiction over credits becomes a co-chair of the IRT instead of merely acting in an advisory capacity.