chris dds - 12/4/2023 18:48

You have to first do the determination. File the 1026 form to get the process started. They will issue a preliminary determination. You have the chance to appeal or it will become a certified determination. I think you have to have the certified determination before you can mitigate.

I mitigated a couple wetlands a few years ago. They were 0.1 and 0.3 acre wetlands in the middle of a field, but had a 297 foot setback for tiling (no one could ever explain why those had a 297ft setback vs. the usual 65 ft). We bought wetland credits. They had to be a specific wetland type and the seller was in a different part of the state. We bought the credits directly from the seller and had to submit some paperwork to NRCS to show the transaction. The process was easy. We didn't need very much for wetland acres, but we gained a lot more since of the ridiculious setback rules.

If you tile through a wetland, then you are ineligible for any USDA benefits during the time when you are in violation. We discovered that there is no "forgiveness" for violating the wetland. They just don't care. I would not recommend that strategy. You will not win.