ORIGINAL HOUSE 

 BILL NO. 0048A 



ENROLLED ACT NO. 74, HOUSE OF REPRESENTATIVES 



FIFTY-FIRST LEGISLATURE OF THE STATE OF '/DOMING 

 1991 GENERAL SESSION 



35-11-310. Notice to drain waters recpaired; exception. 



(a) Except as provided in subsection (b) of this section, 

 after July 1, 1996, no person shall drain water from a naturally 

 occurring or man-made wetland, or any series thereof, which has 

 an area comprising five (5) acres or more, wichouz firs^ notify- 

 ing the department that the water which will be drained from the 

 wetland, or any series thereof, will not flood or adversely 

 affect downstream lands. Notification shall include the size 

 and location of the wetland, and whether the wetland is natural 

 or man-made. 



(b) Subsections (a) and (c) of this section do not apply to 

 disturbances of wetlands resulting from mining operations con- 

 ducted pursuant to mining permits issued by the department of 

 environmental quality. 



(c) Any person draining, or causing to be drained, water of 

 a naturally occurring wetland, or any series thereof, which has 

 an area comprising five (5) acres or more, without first notify- 

 ing the department as required by subsection (a) of this sec- 

 tion, shall not be eligible to participate in the mitigation 

 credit banking system as provided by W.S. 35-11-311. Failure to 

 notify the department pursuant to this section does not consti- 

 tute a violation for purposes of W.S. 35-11-901. 



35-11-311. Mitigation; guidelines. 



(a) The department in conjunction with the Wyoming depart- 

 ment of agriculture shall adopt guidelines for evaluating eco- 

 logical function and values and for establishing and adminis- 

 tering a mitigation credit banking system for compensatory miti- 

 gation. The guidelines shall, at a minimum, provide for: 



(i) Criteria under which mitigation credits may be 

 earned, with credit to be recognized for man-made wetlands that 

 have already been created; 



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