Conservation and Mitigation Banking Instructions and Templates

California’s conservation and mitigation banking program is guided by Fish and Game Code Sections 1797 - 1799. The program descriptions, policies, publications, and the links provided below are an excellent source of information regarding banking.

If you are interested in establishing a conservation or mitigation bank, please read through these pages carefully, and then contact the CDFW Regional Banking Coordinator in the area of your bank. Banking Coordinators will be happy to help you with our conservation locations of interest, current procedures, specific instructions, and documents.

Resources for Prospective Bank Sponsors

• Instructions for Bank Sponsors (PDF)
• Review Process Flowchart (PDF)
• Review Process Description (PDF)
• Bank Submittal Form (PDF)
• What Lands are Appropriate for Banking?
• Bank Site Selection Considerations (Word)
• Considerations for Banks in HCP / NCCP Areas (Word)
• Letter of Credit Template (Word)
• Bank Amendment Process Flowchart (PDF)
• Bank Amendment Process Description (PDF)

Bank Document Templates

In a statewide multi-agency team effort, the Department entered into a multi-agency Memorandum of Understanding in 2011 (PDF) to guide how the state and federal agencies would work together to streamline processes and standardize bank document templates. The agencies represented in this template-development effort include: the California Natural Resources Agency, California Department of Fish and Wildlife, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, U.S. Environmental Protection Agency, U.S. Department of Agriculture - Natural Resources Conservation Service, National Oceanic and Atmospheric Association - National Marine Fisheries Service and State Water Resources Control Board.

• Multi-agency 2011 Memorandum of Understanding (PDF)

The current joint bank document templates include:

• Model Amendment Template (Word) 2023 The Sacramento, San Francisco, and Los Angeles Districts of the U.S. Army Corps of Engineers (USACE), along with the U.S. Fish and Wildlife Service (USFWS), the California Department of Fish and Wildlife (CDFW), the California Resources Agency, the National Marine Fisheries Service (NMFS), the United States Environmental Protection Agency (EPA), the State Water Resources Control Board (State Water Board), and the Natural Resources Conservation Service (NRCS) as potential participants in Interagency Review Teams (IRT) have finalized the Model Amendment to Incorporate Advance Mitigation Language for Bank Enabling Instruments (BEIs) that utilized the 2008 or 2017 BEI template, for use with mitigation banks that are established within the State of California. Bank Sponsor will submit the amendment and a Complex Amendment Fee to CDFW.

• Bank Enabling Instrument (BEI) (Word) May 2021 (Updated from September 2017 version). Please use the May 2021 BEI template for all proposed new mitigation banks where the prospectus was not deemed acceptable on or before May 20, 2021. Bank Sponsors who had their prospectus deemed acceptable on or before May 20, 2021 can elect to submit their bank agreement package using the September 2017 BEI template if the bank agreement package is submitted by June 30, 2021. If a bank sponsor is seeking an acceptation to use the September 2017 version, before submitting a bank agreement package, please coordinate with the bank coordinator as a different determination may be considered on a bank-by-bank basis. If the Bank Sponsor wishes to incorporate language from the 2021 BEI template into a current instrument, the following shall apply:
  • Approved banks- Bank Sponsor will submit an amendment and a Complex Amendment Fee to CDFW.
  • Proposed banks with submitted draft- Bank Sponsor will request an unsolicited change and submit an Unsolicited Change Fee to CDFW.
• Conservation Easement (For Banks only) (Word) March 2017 This template should only be used for banks. If a Conservation Easement (CE) template is needed for another program, please contact the appropriate CDFW regional staff for the appropriate CE template.
• Long-term Management Plan (Word) May 2008
• Banking Proposal Guidance May 2021 (PDF)(opens in new tab)
• Checklists (Draft Prospectus, Prospectus, and Draft BEI) (PDF) October 2023
• Property Assessment and Warranty (Word) May 2023
  • Reference Document for Attachment 3 (PDF)(opens in new tab) May 2023
  • Land Survey Reference Document for Attachment 5 (PDF) October 2023
• Exhibit F-2a Credit Sale without a Transfer Agreement (Word) May 2021
• Exhibit F-2b:California Department of Transportation (Caltrans) Standard (STD) 213 (PDF) | Credit Sales Agreement (Word)
• Exhibit F-2c Combined Credit Sale and Transfer Agreement (Word) May 2021
• Exhibit F-2d Caltrans Combined Credit Sale and Transfer Agreement: Please use Exhibit F-2c and combine with Caltrans STD 213 Mitigation Bank Credit
• Exhibit F-2e Credit Transfer Agreement (Word) May 2021
• Exhibit F-2f Caltrans STD 213 (PDF) | Credit Transfer Agreement (Word)
• Exhibit F-4 Instructions for Species Credit Transfers Using RIBITS January 2022 (PDF)