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and agree to pay the expenses incurred in making the required investigation. In addition to the above requirements of this section, the state engineer and the commissioner must jointly find that the wetland acres proposed to be drained will be replaced by an equal acreage of replacement wetlands, or through debits to the wetland bank as provided in section 61-32-05 before any permit for drainage can be approved by the state engineer or water resource board. The provisions of this section do not apply to the construction or maintenance of any existing or prospective drain constructed under the supervision of a state or federal agency, as determined by the state engineer, for which mitigation is required as part of such project. Any person draining, or causing to be drained, water of a wetland, or any series thereof, which has a watershed area comprising eighty acres [32.37 hectares] or more, without first securing a permit to do so, as provided by this section, is liable for all damage sustained by any person caused by the draining, is guilty of an infraction, and shall be required to restore the wetland so drained in accordance with sections 61-32-01 through 61-32-11. The state engineer may adopt rules for temporary permits for emergency drainage. Source: S.L. 1987, ch. 642, S 4. Note: Section 14 of chapter 642, S.L. 1987, provides: "The replacement of wetlands requirement in sections 61-32-03 and 61-32-04 does not take effect until July I, 1989. Until July I, 1989, the drainage of type IV and V wetlands, as defined in U.S. fish and wildlife service circular 39 (1971 edition) is not permitted, except for permit applications submitted prior to January I, 1987, or unless replaced in accordance with the provisions of sections 61-32-01 through 61-32-11." 61-32-04. Administration Rulemaking authority Guidelines. The state engineer and, where specified, the commissioner shall adopt rules to implement sections 61-32-01 through 61-32-11, including rules for procedure. The rules must be consistent with the fOllowing guidelines and the other provisions of sections 61-32-01 through 61-32-11: 1. The requirement that wetlands proposed to be drained must be replaced by an equal acreage of replacement wetlands is not applicable to sheetwater, regardless of the area covered by sheetwater. 2. Purchase, easement, lease, or other acquisition that is necessary to comply with sections 61-32-01 through 61-32-11 shall be limited to willing sellers. When land is removed from the tax base to protect wetlands, replacement payments shall be made by the entity which purchases the land so that the amount of money that -5-