At Whitewood Farm Mitigation Bank, our mission is to help developers, infrastructure owners, and landowners responsibly advance projects while meeting stringent federal environmental requirements. A core piece of that compliance is the proper use of mitigation credits — and understanding the federal rules that govern them.
In the United States, federal environmental law — most notably Section 404 of the Clean Water Act (CWA) and **Section 10 of the Rivers and Harbors Act — requires that any unavoidable impacts to waters of the U.S., including streams and riparian areas, must be offset through compensatory mitigation. This means project proponents must replace what they impact so that there is “no net loss” of aquatic resource function and value.
A mitigation bank like Whitewood Farm — fully permitted by the U.S. Army Corps of Engineers and approved by the Virginia Interagency Review Team (IRT) — restores, enhances, and preserves aquatic resources in advance of any permitted impacts. This proactive restoration generates credits that are released over time as ecological milestones are met. Once released, these credits are purchased by permittees to comply with federal mitigation obligations.
The 2008 Federal Mitigation Rule (33 C.F.R. Part 332) directs regulators and permittees to give first priority to mitigation bank credits over all other forms of compensatory mitigation, because banks are ecologically effective, professionally planned, and easier for agencies to monitor and enforce.
To use mitigation credits legally, a project must:
- 1Have a federal permit (e.g., CWA Section 404) that triggers compensatory mitigation.
- 2Purchase the appropriate number and type of credits from an approved bank.
- 3Ensure those credits are within the bank’s geographic service area or receive agency approval for out-of-service-area use.
By providing high-quality, fully permitted credits within a broad service area in central Virginia, Whitewood Farm Mitigation Bank offers a reliable path to compliance — preserving vital waterways while helping projects proceed efficiently and responsibly.