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Virginia Administrative Code
Title 4. Conservation And Natural Resources
Agency 20. Marine Resources Commission
Chapter 390. Wetlands Mitigation -- Compensation Policy
3/13/2025

4VAC20-390-10. Definitions.

The following words, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

"Ad hoc in-lieu fees" means the payment of funds to a participating locality for the restoration, establishment, enhancement, or, in certain circumstances, preservation of wetlands resources to satisfy compensatory mitigation requirements. Ad hoc in-lieu fee programs are not governed by an in-lieu fee program instrument.

"Approved in-lieu fee program" means a program involving the restoration, establishment, enhancement, or, in certain circumstances, preservation of wetlands resources through funds paid to a governmental or nonprofit natural resources management entity for the purchase of credits to satisfy compensatory mitigation requirements. The operation and use of an approved in-lieu fee program are governed by an in-lieu fee program instrument approved as provided in federal law.

"Commission" means the Virginia Marine Resources Commission.

"Compensatory mitigation" means the restoration, establishment, enhancement, or, in certain circumstances, preservation of wetlands resources for the purpose of offsetting unavoidable adverse impacts of a permitted development activity that remain after all appropriate and practicable avoidance and minimization has been achieved.

"Mitigation" means all actions, both taken and not taken, that eliminate or materially reduce the adverse effects of a proposed activity on the living and nonliving components of a wetland system or their ability to interact. Mitigation includes compensatory mitigation.

Statutory Authority

§ 28.2-103 and Chapter 13 (§ 28.2-1300 et seq.) of Title 28.2 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0051 § 1, Virginia Register Volume 5, Issue 20, eff. August 2, 1989; amended, Virginia Register Volume 41, Issue 14, eff. February 1, 2025.

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