Nutrient Offset & Buffer Mitigation Program

Nutrient Offset & Buffer Compensatory Mitigation

If a proposed development project has explored all practical alternatives for avoiding and minimizing impacts, and project impacts exceed applicable permit thresholds, then mitigation will be required. The mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of a public road project, the mitigation plan must be implemented before the road is opened to the public. Proof of payment into a mitigation bank or in-lieu fee program or completion of an approved permit-specific mitigation project must be provided to DWR to satisfy this requirement. Options for compensatory mitigation include:

  • Mitigation Banks & Nutrient Offset Banks: Applicants who choose to satisfy the mitigation or offset requirement by purchasing credits from a private bank can find resources to locate approved banks in North Carolina by clicking one of the buttons below
  • In-lieu fee mitigation: Applicant satisfies the mitigation requirement by purchasing mitigation credits through the N.C. Division of Mitigation Services.
  • Project-specific mitigation: Applicant satisfies the mitigation requirement themselves, either at the project site or at an off-site location.

Map of nutrient offset and buffer mitigation banks in North Carolina

List of approved Mitigation Banks of North Carolina

Nutrient Offset Mitigation may be required for any new or existing development where nutrient reduction requirements exist as part of a nutrient management strategy. In North Carolina, there are four nutrient management strategies: Neuse River Basin, Tar-Pamlico River Basin, Falls Lake Watershed and Jordan Lake Watershed. Please visit the Division of Water Resource's Planning Section website for more information on Nutrient Practices and Crediting. This map is a very useful tool provided by DWR that provides site-specific details including the Hydrologic Unit Code (HUC), river basin, watershed, sub-watershed, and delivery factors where applicable. 

Purchasing nutrient offset credits from a private mitigation bank or the NC Division of Mitigation Services (DMS) are options available to new or existing development where nutrient reduction requirements exist. All payments must be in compliance with 15A NCAC 02B .0703, the Nutrient Offset Credit Trading rule (*readopted effective 4/1/20, recodified from 15A NCAC 02B .0240, the former "Nutrient Offset Payments" rule) and G.S. 143-214.26.

Riparian Buffer Mitigation may be required for any project within an area covered by a Riparian Buffer Protection Rule for impacts to the protected riparian buffer listed as "(potentially) allowable with mitigation", " allowable with mitigation upon authorization", or "prohibited" in the Table of Uses. For more information about the Riparian Buffer Protection Rules, including the Table of Uses, please see the 401 & Buffer Permitting Statutes & Rules.

Purchasing Riparian Buffer Credits from a private mitigation bank or the NC Division of Mitigation Services (DMS) are options available to meet buffer mitigation requirements.  Use the  Location of Buffer Mitigation Guidance Table to determine where the buffer mitigation needs to be located.  Then, pick from an available private bank within that location using the table below or the map.  If there is no private bank with buffer credits available within that specific location, contact the DMS at DMS.ILF@deq.nc.gov. See the N.C. Division of Mitigation Services for more information about the In-Lieu Fee mitigation programs they offer. 

Guidance Documents

Templates

Nutrient Management Strategies

Neuse River Basin (excluding Falls Lake Watershed) 

For more information see the Neuse Nutrient Management Strategy

Falls Lake Watershed 

For more information see the Falls Lake Nutrient Management Strategy

Jordan Lake Watershed 

For more information see the Jordan Lake Nutrient Management Strategy

Randleman Lake Watershed 

For more information see the Randleman Lake Water Supply Nutrient Management Strategy

Tar-Pamlico River Basin 

For information see the Tar-Pamlico Nutrient Management Strategy

Catawba River Watershed 

For information see the Catawba Nutrient Management Strategy

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