RGL 02-02, issued 26 December 2002, superceded
RGL 01-01. The
purpose of RGL 02-02 is to "clarify" and "improve"
mitigation implementation provisions. The guidance states
"..Districts should consider the
Operational Guidelines developed by the National Research
Council (2001) for creating or restoring ecologically self-sustaining
wetlands. These operational guidelines will be provided
to applicants who must implement compensatory mitigation projects."
The primary purpose of this Action
Plan is to further achievement of the goal of no net loss by
undertaking a series of actions to improve the ecological performance
and results of wetlands compensatory mitigation under the Clean
Water Act and related programs. A new National
Wetlands Mitigation Action Plan Website is now available.
Conservation Easements
and
Deed Restrictions
Mitigation should be permanently protected in most
cases, with appropriate real estate instruments such as conservation
easements, deed restrictions, or by transfer of title to appropriate
organizations. In no case should these instruments require a Corps
officials’ signature. The following conservation
easement example and deed
restriction example are provided as a model to aid in the
process of efficiently drafting a suitable real estate instrument