§187A-41 Aquatic mitigation banking. The department is authorized to establish and operate aquatic mitigation banks, the purpose of which shall be to restore, create, enhance, or preserve aquatic habitats or resources as compensatory mitigation where a person is required to provide compensatory mitigation prospectively and the use of banked mitigation is approved by the agency requiring mitigation, or for past damages to aquatic habitats or resources. [L 2016, c 211, pt of §2]