In-lieu fee mitigation

In-lieu fee (ILF) mitigation is one type of mitigation that can be used to offset unavoidable impacts to wetlands. In this mitigation approach, a permittee pays a fee to a third party instead of conducting project-specific mitigation or buying credits from a wetland mitigation bank. The fee charged by an ILF program sponsor represents the expected cost of replacing the wetland functions lost or degraded as a result of the permittee's impact project. An ILF program typically combines fees collected from one or more impact projects to finance a wetland mitigation project.

Who sponsors in-lieu fee programs?

Only government agencies or non-profit organizations with demonstrated competence in natural resource management may sponsor an ILF program.

Our role in ILF programs

As of January 2017, we are no longer involved in authorizing or managing ILF programs. However, we do allow the use of ILF programs to compensate for unavoidable impacts to waters of the state as authorized under a state Section 401 Water Quality Certification or an Administrative Order.

If you are interested in developing an ILF program, please contact:

How do I use an ILF program?

This document is provided as a guide for permit applicants planning on proposing the use of an ILF program as their mitigation option. It specifies the information and documentation to be included within the mitigation plan (ILF Use Plan) that permit applicants submit to the regulatory agencies.

The ILF Use Plan helps the regulatory agencies determine if the use of an ILF program provides adequate mitigation for the project's proposed unavoidable impacts.

Approved ILF programs in Washington

Below is a list of approved ILF programs in Washington. Click an ILF program’s name below to go to the program sponsor's webpage.