In Lieu Fee Stream and Wetland Mitigation

The In Lieu Fee (ILF) Program was initiated by DEP to provide an additional tool for achieving compensatory mitigation for unavoidable impacts to waters of the United States and state waters, including wetlands, streams and associated buffers. Permits that are required for such impacts by the U.S. Army Corps of Engineers under §404 of the Clean Water Act, under §10 of the Rivers and Harbors Act, and by the State of West Virginia under §401 of the Clean Water Act. The permit allows permittees to participate in the state's ILF Program if there are no Mitigation Banks available to provide compensatory mitigation. Permittees participate by paying a fee, which is determined by inputting qualitative and quantitative data from proposed impacts to streams and wetlands into the West Virginia Stream and Wetland Valuation Metric.  
The goal of West Virginia's ILF Program is to achieve no net loss of existing stream and wetland acreage and functions in West Virginia through effective restoration, enhancement, replacement, and preservation of aquatic resources. The program utilizes watershed and landscape based planning to identify and assess potential mitigation opportunities that maximize the ecological benefits of aquatic resources within the same geographic service areas as the impacts. By consolidating the mitigation requirements stemming from multiple impacts, large scale watershed efforts can be focused within priority watersheds. The ILF Program works closely with other state and federal agencies, non-government organizations, academic institutions, watershed associations, individuals and others to develop plans and set priorities.
For more information, email the ILF Coordinator or call: 304-926-0499 x 1848.
Participant documents (Note: All documents are PDF)
In-Lieu Fee Credit Request Form   In-Lieu Fee Participant Information Form  
Program documents   
WV In Lieu Fee Instrument
In Lieu Fee Grant Guidance Document
In Lieu Fee Available Credits
In Lieu Fee Revenue and Expenses
ILF Project Development Flow Chart
In Lieu Fee Project Location Map 
2019 Financial Report
2018 Financial Report
2017 Financial Report
2016 Financial Report
2015 Financial Report
2014 Financial Report
2013 Financial Report
2012 Financial Report 

  Note: Financial reports are based on a calendar year.