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.Amended by L 2022, c 32,3, eff. 6/8/2022.Part IV heading amended by L 2022, c 32,2, 2 eff. 6/8/2022.Added by L 2016, c 211,§ 2, eff. 7/5/2016.