HRS §187A-41
Aquatic mitigation banking and in-lieu fee programs
This section lets the state set up programs to restore or protect aquatic habitats. These programs can be used when someone must make up for past or future damage to those habitats, if the agency that requires the fix approves it. It only sets up the state's authority.
state agencies
The statute, as written — 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.
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