The Time it Takes for Restoration: An Analysis of Mitigation Banking Instrument Timelines

Abstract

The 2008 Final Rule on Compensatory Mitigation for Losses of Aquatic Resources (herein 2008 Rule) provides an approval process for mitigation banks and in-lieu fee programs (ILFs). The 2008 Rule stipulated required timelines for the regulator to both account for regulator workload and ensure that the process did not arbitrarily drag on. In total, the 2008 Rule requires the regulator’s side of the approval process to take no more than 225 days. To date, conversations among stakeholders about timelines have largely been based on anecdotal evidence that timelines are not being met. This research aims to provide a rigorous quantitative analysis of the most complete dataset available as a foundation for fruitful dialogue.