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<br />History: <br />General Authority: NDCC 28-32-02, 61-32-04 <br />Law Implemented: NDCC 61-32-03, 61-32-04, 61-32-05 <br /> <br />89-02-03-08. Credits to wetlands bank - Qualification. To <br />qualify as a credit to the wetlands bank a manmade wetland must <br />have material wildlife values. Any natural wetland which is <br />restored in whole or in part shall qualify as a credit to the <br />wetlands bank unless the drainage of the wetland was not <br />authorized by state law and no debit was made pursuant to section <br />89-02-03-15. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-32-04 <br />Law Implemented: NDCC 61-32-04, 61-32-05 <br /> <br />89-02-03-09. Wetlands bank What is credited. All <br />previously drained natural wetlands which are or were restored; <br />or manmade wetlands with material wildlife values which are or <br />were created; by any person after December 31, 1986, shall be <br />credited to the wetlands bank unless their restoration or <br />creation is required as mitigation of a federal aid proj ect. <br />Each acre credited shall be identified on a map by the state <br />engineer. <br /> <br />The acreage credited to the wetlands bank shall be <br />determined using the method for evaluating acreages to be <br />drained. Unauthorized drainage constructed after July 1, 1975, <br />and closed pursuant to final action under section 61-32-07 shall <br />not be a credit to the wetlands bank. <br /> <br />For purposes of this section a "federal aid project" is one <br />where mitigation is required by federal statute or rule. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-32-04 <br />Law Implemented: NDCC 61-32-04, 61-32-05 <br /> <br />89-02-03-10. Cost of wetland in wetlands bank. The cost of <br />acquisition, easement, lease, and construction of replacement <br />wetlands is the actual cost of acquisition plus either the <br />construction cost to restore a natural wetland or the cost to <br />construct a manmade wetland. The "average cost" of a wetland <br />acre is calculated by summing the cost of each of the total <br />wetland acres ever placed in the bank and dividing the sum by the <br />total number of acres ever placed in the bank. If wetlands are <br />donated to the wetland bank the state engineer and commissioner <br />shall determine the probable cost of acquisition and restoration <br />or construction and that amount shall be factored into the <br />"average cost" of wetlands in the bank. <br /> <br />-6- <br />