Information for Permittees / Consultants

King County Code prioritizes on-site mitigation when it is ecologically feasible and likely to succeed long-term. However, if mitigation on or adjacent to the development site is impractical or will not result in meaningful ecological benefit, off-site mitigation becomes an option under King County Code and state and federal rules. The King County Mitigation Reserves Program (MRP) can simplify and streamline permitting for projects that create unavoidable impacts to wetlands, rivers, streams, shorelines, and buffers. By using the MRP to offset compensatory mitigation obligations, permittees can pay a one-time upfront fee to fully satisfy their mitigation obligations. Upon payment of the fee, the mitigation obligations transfer to King County (e.g., mitigation site selection, mitigation project design, negotiations with regulators, etc.). The MRP offers increased flexibility, certainty, and potential time and cost savings to permittees with unavoidable impacts. Instead of creating and managing their own “permittee-responsible” off-site mitigation projects, which can be complex, have uncertain costs, and take years to complete, permittees that use the MRP have no further obligation associated with the mitigation obligation once they have purchased in-lieu fee credits.

Using the Program

To use the program, the permittee should:

1. Initiate permitting process with applicable regulatory agencies.
2. Design the development project to avoid and minimize impacts.
3. Discuss mitigation needs with regulatory agencies.
4. If use of the MRP is determined to be an appropriate way to meet mitigation needs, permittee should call MRP staff to discuss use of the program.
5. Quantify proposed impacts (or the portion of proposed impacts to be mitigated using the MRP) using the Credit/Debit Method.
6. Complete an In-Lieu Fee Use Plan PDF (278 MB) and obtain approval from all applicable regulatory agencies for use of the MRP (i.e., all agencies issuing permits for the impact project).
7. Fill out an In-Lieu Fee Mitigation Application to begin the contract process (see the Templates & Resources page to download). Please ensure that you have called MRP staff to discuss use of the program prior to filling out an application.
8. Obtain approval from regulatory agencies on the quantification and description of impacts (i.e., number of “debits”, which equals “credits” required for purchase).
9. Obtain final permits for project. Permits will be issued under the condition that work on the project shall not begin until applicant has provided regulatory agencies with a Statement of Sale (i.e., a receipt from King County for purchase of credits).
10. Purchase required number of credits. King County will provide a Statement of Sale to the permittee and regulatory agencies.