Validity of Performance Criteria and a Tentative Model for Regulatory Use in Compensatory Wetland Mitigation Permitting

The purpose of this paper is to develop the principles for a manageable and practical set of performance criteria that will reasonably assure no net loss in a situation in which it cannot be absolutely assured. To this end, the performance criteria proposed for 116 compensatory wetland projects on file with the Army Corps of Engineers in San Francisco, between 1988 and 1995, were examined. The trends discerned in the project proposals were analyzed and evaluated in light of the current state of wetland science. Specific suggestions for the development of uniform criteria in each of four major wetland types—riparian, perennial tidal, perennial nontidal, and seasonal—are discussed, and a system of regulation tying qualitative assessment with quantitative requirements is outlined as a reasonable solution to the enforcement of the no-net-loss policy.