Virginia is a leader in its policies to encourage and promote replacing, conserving and preserving natural resources, including ecological and aquatic resources which can be achieved through mitigation banking.  Spotts Fain assists its clients with maximizing the public and personal benefits which may be derived from utilizing their property for mitigation purposes by negotiating easements and banking instruments, and navigating the legal and administrative processes.


  • Consultation regarding mitigation banking laws, rules, regulations and the business of mitigation banking, including benefits to the landowner and public
  • Consultation regarding the consequences of restricting uses of the land versus preserving certain development rights
  • Determining the type and scope of restriction necessary on the mitigation bank property and the affect restriction may have on other uses of mitigation and other property
  • Determining whether any benefit can be derived by placing a conservation easement on mitigation property
  • Determining long term management and stewardship needs
  • Drafting restrictive covenants to achieve mitigation purposes
  • Representing clients before the Interagency Review Team and negotiating the Mitigation Banking Instrument
  • Assisting developers with meeting the requirements to mitigate unavoidable environmental impacts
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