Sec. 36.3. “Compensatory mitigation”, for purposes of IC 13-18-22, means the:

(1) restoration; or

(2) creation;

of wetlands to offset or compensate for a loss of wetlands resulting from an authorized wetland activity. Wetlands enlargement, enhancement, and preservation may be considered compensatory mitigation on a case-by-case basis, particularly for Class III wetlands.

As added by P.L.282-2003, SEC.23.