March 31, 2026

Why Mitigation Bank Credits Come First

The 2008 Compensatory Mitigation Rule established a clear hierarchy for offsetting environmental impacts—and one option stands above the rest:  Mitigation bank credits.

The Mitigation Hierarchy

The Rule ranks mitigation options by ecological certainty and performance:

  1. 1
    Mitigation Bank Credits (Highest Preference)
  2. 2
    In-Lieu Fee Programs
  3. 3
    Permittee-Responsible Mitigation

This hierarchy reflects what consistently delivers the best outcomes.

Why Bank Credits Lead

Mitigation bank credits—like those from Tye River Mitigation Bank—offer:

  • Proven results – Credits are released only after performance standards are met
  • Lower risk – Restoration is already complete or underway
  • Regulatory confidence – Fully vetted and backed by long-term management
  • Faster permitting – No need to design or manage your own mitigation

Lower-Tier Options = Higher Risk

  • In-Lieu Fee Programs can delay restoration
  • Permittee mitigation often carries higher uncertainty and long-term risk

These options shift responsibility—and risk—back to the permittee.

Why Tye River

Tye River Mitigation Bank provides:
  • Available, released stream credits
  • Proven restoration that stabilizes channels and improves habitat
  • A trusted, regulator-preferred solution in Virginia

Mitigation bank credits deliver certainty—and Tye River delivers results.

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