PART IV. Aquatic mitigation banking and aquatic in-lieu fee mitigation §187A-41 Aquatic mitigation banking and aquatic in-lieu fee mitigation. The department may establish and operate aquatic mitigation banks and aquatic in-lieu fee mitigation programs for the purpose of restoring, creating, enhancing, preserving, or any combination thereof, aquatic habitats or resources where a person is required to provide compensatory mitigation either for: (1) Prospective damages to aquatic habitats or resources where the use of aquatic mitigation banking or aquatic in-lieu fee mitigation is approved by the agency requiring mitigation; or (2) Past damages to aquatic habitats or resources. [L 2016, c 211, pt of §2; am L 2022, c 32, §3]
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