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The federal Clean Water Act prohibits the discharge of dredged or fill material into waters of the United States, which includes wetlands. Yet there are times when the public good and economic growth requires that those waters be affected, and the need arises to offset such impacts – a concept designed to ensure no net loss of wetlands or important waters within a certain geographic area. Among different solutions for mitigating unavoidable impacts to valuable wetlands, In-lieu Fee (ILF) programs – typically through a non-profit as a sponsor –collect fees on behalf of the public to pool together and fund the repair and maintenance of restored wetland mitigation sites.
Click here to download a TMF information flyer. Click here to download the TMF Advanced Credit Availability Request Form. The U.S. Army Corps of Engineers has granted approval for the establishment of Tennessee’s first wetlands mitigation ILF program, known as the Tennessee Mitigation Fund.
When an applicant seeks permit approval from regulatory authorities overseeing water and wetlands, TWF will identify mitigation sites and work with landowners to restore those sites to permanently functioning wetlands.
After construction, the site must be monitored for proper hydrology and vegetation annually for five years, and again at seven and 10 years to ensure the successful restoration of lost wetland functions.
By rule, net proceeds from projects will be held in escrow for both maintenance and future wetlands projects, along with any interest gained on the escrow account.
If you have an interest in discussing compensatory mitigation for unavoidable impacts to Tennessee’s wetlands, contact Chad Whittenburg, director of the Tennessee Mitigation Fund, at (615) 353-1133, or via email at
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