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In-lieu fee program instrument

The Program Instrument is a set of documents describing operations of the program and the framework for implementing mitigation. It is also a legal contract among King County and the Corps and Ecology -- the parties to the instrument. Now that the program is "certified" (see history below) it is compliant with federal, state and local rules and regulations and will chart the way for King County to continue successfully meeting mitigation needs for unavoidable permitted impacts.

The links below lead to the set of documents constituting the Program Instrument:

Certification process

The Mitigation Reserves Program was certified for operation on March 12, 2012

  • In June 2009, King County submitted to the Corps, Ecology, and EPA a program Prospectus which outlined the basic concept of the program. The Prospectus was made available for public review.
  • In December 2009, King County incorporated public comments and feedback from the IRT on the program prospectus into a draft Program Instrument which was submitted to the IRT for review.
  • In March 2010, King County staff and members of the IRT met to discuss the draft instrument.
  • Negotiations about program details continued through 2010, during which time the Program Instrument was significantly revised.
  • In June 2011, King County submitted to the IRT a Final Program Instrument.
  • In July 2011, the Corps and Ecology, with consent from all IRT members, issued letters stating their intent to certify the program.
  • In mid-September 2011, King County staff completed a State Environmental Policy Act (SEPA) environmental checklist. On September 22, 2011 King County issued a Determination of Non-Significance (DNS) related to environmental impacts of certifying the program, after which there was a two-week public comment period. No comments were submitted.
  • In late October 2011 King County Executive Constantine transmitted an ordinance to King County Council by which the Council could then authorize the County Executive to sign the Instrument.
  • In January 2012, the King County Council unanimously passed the authorizing ordinance
  • On March 12, 2012, Colonel Bruce Estok (the Corps) signed the program instrument, officially certifying the program.


For more information about King County’s Mitigation Reserves Program, please contact Megan Webb, Program Manager (in the Water & Land Resources Division’s Rural and Regional Services Section).