Sec. 104.8. "In lieu fee", for purposes of 13-18-22-6, means a fee that: (1) is paid pursuant to: (A) the department of natural resources stream and wetland mitigation program; or (B) another in lieu fee mitigation program; (2) is paid to: (A) the state government; or (B) the Indiana natural resources foundation created by IC 14-12-1-4 ; and (3) is applied toward the cost of: (A) restoring, establishing, enhancing, or preserving aquatic resources in compensation for the alteration of other aquatic resources; and (B) monitoring and providing long term management of the site where aquatic resources are restored, established, enhanced, or preserved with money provided by the fee.
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