Conservation and Mitigation Banking
Laws and Policies
California Fish and Game Code Guidance
In 2012, the California Legislature enacted Chapter 7.9, Sections 1797 – 1799.1 to govern bank applications and fees. These sections provide details on the process for establishing a conservation or mitigation bank, and the fees necessary at each step of the process. The collected fees are dedicated to supporting CDFW staff to work with prospective bankers to establish and monitor banks. The current fee schedule is:
|Bank Document Name/Phase||Review Fee|
|Draft Prospectus (optional)||$1,500|
|Prospectus||$10,000 (or $8,500 if optional Draft
Prospectus was evaluated)
|Bank Agreement Package||$25,000|
|Bank Amendment Package (simple)||$7,500|
|Bank Amendment Package (not simple)||$17,500|
The Fish and Game Code also contains guidance for wetlands mitigation banking in the Sacramento-San Joaquin Valley.
- Chapter 7.8. Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993.
- Supplemental Policy Regarding Conservation Banks within the Natural Community Conservation Planning (NCCP) area of southern California - 1996
- Official Policy on Conservation Banks - California Natural Resources Agency, 1995
- Highlights of the Official Policy - 1995
Federal Guidance for Mitigation and Conservation Banking
In addition to the State laws and policies listed above, the federal government has published federal guidance about both mitigation and conservation banking.
- EPA and U.S. Army Corps of Engineers Regulations on Compensatory Mitigation - 2008
- Federal Guidance for the Establishment, Use and Operation of Conservation Banks - 2003
- U.S. Fish and Wildlife Service conservation banking webpage
- Federal Guidance for the Establishment, Use and Operation of Mitigation Banks - 1995
- U.S. Army Corps of Engineers information on mitigation banking