How to Request Use of Out-of-Basin Mitigation Credits in Florida
Photograph taken at Lucky L Mitigation Bank in Osceola County, Florida
Posted on October 3, 2025
Florida’s new mitigation law, Senate Bill 492 (effective July 1, 2025), gives developers, home builders, public agencies, and all Environmental Resource Permit (ERP) applicants a new level of flexibility when local mitigation credits are not available. The law introduces two important pathways: applicants can either substitute a different type of credit within the same basin using a ratio adjustment or purchase credits from a nearby basin by applying a multiplier.
New Opportunities for Credit-Deficient Basins
These options were created to solve one of the biggest challenges in real estate development. Mitigation credit shortages in high-demand areas are creating project delays.
In many parts of Florida, certain credit types run out quickly. A common example is a region like Golden Gate Estates in Southwest Florida where a shortage of forested wetland credits in a service area that still has herbaceous credits available. Under SB 492, developers can now substitute credit types within the same basin, applying a ratio.
Additionally, the law allows out-of-basin purchases. For instance, credits from an adjacent basin can be used with a multiplier to account for ecological differences. This flexibility keeps projects moving forward without compromising compliance or ecological integrity.
How the Request Process Works
The process starts with an environmental impact assessment, using the Uniform Mitigation Assessment Method (UMAM) to calculate wetland or species impacts. Applicants must then confirm whether the required credits are available.
Do you need help finding mitigation credits? Click here to request a Basin Mitigation Report for your project.
If shortages are documented, the DEP or Water Management District has seven business days to notify banks in the service area. Each bank then has 15 business days to confirm credit availability. If no bank responds, those credits are considered unavailable.
When substitution is possible within the service area, the adjusted ratio can be applied. If not, applicants may request out-of-basin credits by identifying a permitted bank in the next closest basin and applying the proper multiplier. The request is submitted as part of the Environmental Resource Permit (ERP) application. Applicants must provide UMAM documentation, justification for substitution or out-of-basin use, and calculations showing the credit ratios or multipliers.
Click here to request assistance on how to request the justification to use mitigation credits outside of the watershed.
Work with Revive Ecosystems and Move Forward with Confidence
While SB 492 provides valuable flexibility, the details can be complex. Ratios, multipliers, credit substitutions, and inter-basin approvals require careful planning and documentation. Revive Ecosystems, LLC adds value to your team assisting with planning and solutions.
Our team focuses on the mitigation planning itself, which is often the largest cost item in a project’s environmental budget. We deliver:
Holistic planning that integrates wetlands, species, gopher tortoise relocation, and water quality needs into one strategy.
Cost optimization by comparing permittee-responsible mitigation, in-basin substitutions, and out-of-basin credits to select the most efficient option.
Turnkey delivery covering every step from assessment and sourcing to implementation, relocation, monitoring, and long-term compliance.
With SB 492, developers have new tools to overcome credit shortages without delays. By planning early and using strategies like in-basin substitution or out-of-basin credits, projects can stay on schedule, control costs, and maintain compliance.
At Revive Ecosystems, we help you secure the most cost-effective and risk-averse mitigation solutions while meeting regulatory standards. Whether your project is in early design or ready to break ground, our proactive approach ensures you move forward with confidence.
📞 Contact us today to schedule a customized mitigation strategy session.
🌐 www.reviveecosystems.com