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<br />be forwarded to the state engineer for his <br />determination of the necessary replacement wetlands. <br />In either case, written notice of the board's decision <br />shall be provided to all participants in the board's <br />decision and to the state engineer. The notice shall <br />state that the board's approval does not constitute a <br />final approval until the state engineer finds the <br />wetland acres to be drained will be replaced by an <br />equal number of replacement acres. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-03-13, 61-32-04 <br />Law Implemented: NDCC 61-32-03 <br /> <br />89-02-02-11. Time for determination by board. Within sixty <br />days after receipt from the state engineer of an application to <br />drain, the board shall make a determination on the application. <br />This time limit may be extended only with the written consent of <br />the state engineer. A request for an extension of time under <br />this section shall be in writing to the state engineer and shall <br />set forth the reason for requesting the time extension. <br /> <br />In applications involving assessment drains the sixty day <br />time period does not commence until the date the assessment board <br />is finally established and is no longer subject to appeal to a <br />court of law or the state engineer. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-03-13, 61-32-04 <br />Law Implemented: NDCC 61-32-03 <br /> <br />89-02-02-12. Determination of statewide or interdistrict <br />slgnificance. Upon receipt of a board approved application, or <br />in the case of an application draining only temporary wetlands, <br />the state engineer shall determine whether the proposed drain is <br />of statewide or interdistrict significance. The state engineer <br />may, in his discretion, determine any proposed drain as having <br />statewide or interdistrict significance. However, the state <br />engineer shall determine a drain is of statewide or interdistrict <br />significance if: <br /> <br />1. Publicly owned property will be substantially affected; <br />or <br /> <br />2. The proposed drain will have a substantial impact upon <br />property in another district. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-03-13, 61-32-04 <br />Law Implemented: NDCC 61-32-03 <br /> <br />-10- <br />