Mitigation is any type of activity used to minimize the degradation of wetlands, particularly involving their restoration, enhancement or creation. The federal use of the term recognizes the modification of a project to avoid or minimize impacts and compensation for impacts that are unavoidable. Compensation can involve a variety of activities including habitat creation, restoration, enhancement, preservation or management.
Mitigation was officially recognized in 1984 with the passage of the Warren S. Henderson Act. An evaluation initiated in 1990, determined the ecological success of mitigation projects was limited, ranging from 12% in freshwater systems to 45% in tidal systems. The mitigation projects failed for a number of reasons related to the design, implementation and maintenance of the project.
The Legislature recognized these facts when it enacted the "Florida Environmental Reorganization Act of 1993", which in part, found that impacts to wetlands may be offset by the creation and maintenance of regional mitigation areas or mitigation banks. Because mitigation banks and regional mitigation areas can enhance the certainty of mitigation, provide ecological value due to the improved likelihood of success associated with their proper construction, maintenance and management, the water management districts were directed to participate in and encourage the establishment of private and public mitigation banks and offsite regional mitigation areas under section 373.4135 of the Florida Statutes.
Lands acquired for mitigation programs are used to encourage the establishment of private and public mitigation banks and off site regional mitigation areas. SFWMD manages these banks and areas in perpetuity.