IN LIEU FEE Stream and Wetland Mitigation Program

The In Lieu Fee program was initiated by the Department of Environmental Protection 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 Section 404 of the Clean Water Act, under Section 10 of the Rivers and Harbors Act, and by the State of West Virginia under Section 401 of the Clean Water Act. The permit allows permittees to participate in the state's In Lieu Fee program if there are no Mitigation Banks available to provide compensatory mitigation. Permittees participate by paying a fee to the program 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 the West Virginia In Lieu Fee 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 In Lieu Fee 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, please contact the In Lieu Fee Coordinator at:
Telephone: 304-926-0499, ext. 1848

All documents are PDFs.

Program Documents

WV In Lieu Fee Instrument
In Lieu Fee Grant Guidance Document
In Lieu Fee Available Credits.pdf
In Lieu Fee Revenue and Expenses.pdf
ILF Project Development Flow Chart.pdf
In Lieu Fee Project Location Map
2018 Calendar Year Financial Report.pdf
2017 Calendar Year Financial Report
2016 Calendar Year Financial Report
2015 Calendar Year Financial Report
2014 Calendar Year Financial Report
2013 Calendar Year Financial Report
2012 Calendar Year Financial Report


Participant Documents

In-Lieu Fee Credit Request Form
In-Lieu Fee Participant Information Form