When development and construction projects have the potential to impact natural resources, individual project proponents may have to follow a mitigation hierarchy requiring proponents to:
- avoid potential impacts,
- minimize unavoidable impacts, and
- compensate or mitigate for the impacts that result from projects.
Click on the tabs below to find out how the District implements the mitigation hierarchy.
When avoidance of impacts is not possible, impacts that remain after minimization measures have been implemented must be appropriately mitigated. In 2008, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers issued a rule titled "Compensatory Mitigation for Losses of Aquatic Resources." In that rule, the agencies outlined three types of mitigation actions that can be taken to mitigate for impacts to aquatic resources: mitigation banks, in-lieu fee programs, and permittee responsible mitigation.
Mitigation banks are third-party restoration and enhancement projects that are carried out by private, for-profit entities that sell credits to for the aquatic resource values obtained through the restoration and enhancement projects.
In-lieu fee programs are similar to mitigation banks, but are operated by third-party non-profit or government entities. Entities needing mitigation can also purchase credits from in-lieu fee programs. There are currently no mitigation banks or in-lieu fee programs available for credits in Clark County. The District is currently partnering with the Clark County Desert Conservation Program to develop and implement an in-lieu fee program for mitigation of on avoidable impacts to wetlands and other waters of the United States. For more information on this program, see the 2019 Clark County In-lieu Fee Program Prospectus.