New Florida Law Expands Use of Mitigation Bank Credits
Susan Roeder Martin shares insights in the The Florida Bar Journal on what this means for developers and environmental professionals
A new Florida law passed in 2025 introduces meaningful changes to how mitigation bank credits can be used, addressing long-standing challenges tied to credit shortages and permitting delays across the state.
Historically, mitigation bank credits could only be used within a defined geographic service area, often creating obstacles for projects in regions where credits were limited or unavailable. The updated law creates a pathway for credits to be used outside of those traditional service areas under certain conditions, giving developers and property owners more flexibility when navigating the permitting process.
The legislation also establishes a more standardized credit release schedule, providing greater predictability for mitigation bankers and project stakeholders alike.
For developers, environmental consultants, and land use professionals, these changes may help reduce delays and expand options—but they also require careful planning and early coordination with permitting agencies, including the Florida Department of Environmental Protection and local water management districts.
Read Susan Roeder Martin’s full article in the Florida Bar Journal for a detailed breakdown of the new law and its practical implications. A follow-up article addressing related legislation is expected later this year.