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 initial fees necessary at each step of the process.The statute also requires CDFW to: create and maintain a database to track bank information; make the database information available on this website; annually report to the Legislature on the status of the banking program; and adopt and amend Guidelines to implement the bank program.

Detailed guidance on the bank review process is available to prospective bank sponsors, and CDFW Regional Bank Coordinators are available to answer your questions.

Policies

• Official Policy on Conservation Banks (PDF) - 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.

• U.S. Fish and Wildlife Service conservation banking web page(opens in new tab)
  • New Federal Mitigation Policy Notice
    • ESA Compensatory Mitigation Policy
    • U.S. Fish and Wildlife Service Mitigation Policy
• U.S. Army Corps of Engineers information on mitigation banking
• EPA and U.S. Army Corps of Engineers Regulations on Compensatory Mitigation - 2008