MONTANA'S IN-LIEU FEE
AQUATIC RESOURCE MITIGATION PROGRAM
~ A User's Guide ~

INTRODUCTION AND BACKGROUND

• A new funding source for wetland and riparian conservation projects.
• First-ever "in-lieu fee" for aquatic resource mitigation in Montana.
• Montana Fish, Wildlife & Parks manages the new fund on behalf of the Montana Wetlands Legacy, a partnership effort working to conserve wetlands, riparian areas, and other watershed lands in Montana.
• Payment to the ILF program is one option for satisfying federal mitigation requirements.
• Payment to the ILF program may also be an option for settling some enforcement cases.

WHO CAN PARTICIPATE

• Corps of Engineers permit applicants required to compensate for unavoidable, adverse impacts to aquatic resources as a condition of the permit.
• Typically, participants are landowners, commercial and residential developers, transportation organizations/agencies, and others.
• When mitigation is necessary, developers can propose their own mitigation or they may be offered the option to pay a third party for mitigation, usually at locations away from the development site.

WITH ILF YOU HAVE THE OPTION TO PAY A FEE TO MEET YOUR MITIGATION RESPONSIBILITIES

• In-lieu fee mitigation is an increasingly popular way for developers to pay to establish wetlands.
• In 2002, 87 active in-lieu-of-fee programs in 27 states were administered by federal, state and local governments, and non-profit conservation organizations.
• The fee structure for ILF projects is based in part on the cost of recent, comparable restoration projects.
• Wetland project fees are primarily calculated on a per-acre basis to include all costs of planning, design and construction, and costs for acquisition or permanent protection of the site through easements.