Compensatory Mitigation

The mitigation hierarchy begins with steps first to avoid and then to minimize adverse impacts. Compensatory mitigation addresses and attempts to offset impacts of a wind energy project that are unavoidable. Depending on the nature of the impacts, i.e., collision or habitat-based impacts, and the opportunities for compensating those losses, there are a variety of approaches to compensatory mitigation. Considerations include assessing the estimated individual fatalities or loss of natural resources and identifying what is adequate to offset these impacts; whether compensatory measures need to be implemented at or near the site where impacts occur or if they can be implemented elsewhere; and the relative timing of losses and actions to offset them.

If wind energy project impacts are expected to result in fatalities or “take” – variously defined as activities that harass, harm, kill, capture, or otherwise disturb – of protected species, the project developer can apply for an incidental take permit (ITP). Compensatory mitigation is required when applying for an ITP for species protected by the Endangered Species Act (ESA), and under certain circumstances, when applying for an ITP under the Bald and Golden Eagle Protection Act (BGEPA). In those instances, ITP applicants must develop and implement a plan to compensate for predicted losses. Compensatory actions also may be part of a voluntary strategy to prevent species from reaching the point where they need to be listed as threatened or endangered under the ESA.