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<br />Source: S.L. 1987, ch. 642, ~ 5. <br /> <br />Note: Section 14 of chapter 642, S.L. 1987, provides: "The <br />replacement of wetlands requirement in sections 61-32-03 and <br />61-32-04 does not take effect until July 1, 1989. Until July 1, <br />1989, the drainage of type IV and V wetlands, as defined in U.S. <br />fish and wildlife service circular 39 (1971 edition) is not <br />permitted, except for permit applications submitted prior to <br />January 1, 1987, or unless replaced in accordance with the <br />provisions of sections 61-32-01 through 61-32-11." <br /> <br />61-32-05. Wetlands bank. The state engineer and the <br />commissioner shall jointly establish a wetlands bank. The <br />records of acreages of replacement wetlands debited from and <br />credited to such bank must be maintained by the state engineer. <br />The acreages of all replacement wetlands constructed after <br />January 1, 1987, must be carried as a credit in such bank. <br />However, any unauthorized drainage constructed after July 1, <br />1975, which is closed or restored as a result of final <br />enforcement action pursuant to section 61-32-07, may not be <br />credited to the wetlands bank. The acreages of all wetlands <br />drained after January 1, 1987, except those projects for which <br />permi ts were applied for prior to January 1, 1987, must be <br />charged as a debit against acreage credit balances. No more than <br />two thousand five hundred acres may be carried as a debit balance <br />to the wetlands bank, except for drainage of wetlands for which a <br />permi t is not required. Wetlands drained during surface coal <br />mining operations may not be charged as a debt against acreage <br />credit balances. <br /> <br />Source: S.L. 1987, ch. 642, 5 6. <br /> <br />61-32-06. <br />engineer and <br />classification <br />enti ties shall <br />to wetlands in <br /> <br />Uniform wetlands classification. The state <br />the commissioner shall establish a uniform <br />system of wetlands. All federal, state, and local <br />follow this classification system when referring <br />this state. <br /> <br />Source: S.L. 1987, ch. 642, 5 7. <br /> <br />61-32-07. Closing a noncomplying drain - Notice and hearing <br />- Appeal - Injunction. Only a landowner experiencing flooding or <br />adverse effects from an unauthorized drain constructed before <br />January 1, 1975, may file a complaint with the water resource <br />board. Any person may file a complaint about an unauthorized <br />drain constructed after January 1, 1975. A complaint must be <br />filed on a form made available by the state engineer. Upon <br />receipt of a complaint of unauthorized drainage, the water <br />resource board shall promptly investigate and make a <br />determination of the facts with respect to the complaint. If the <br /> <br />-7- <br />