Sec. 245.5. "Voluntarily created wetland", for purposes of this chapter, means an isolated wetland that:
(1) was restored or created in the absence of a governmental order, directive, or regulatory requirement concerning the restoration or creation of the wetland; and
(2) has not been applied for or used as compensatory mitigation or another regulatory purpose that would have the effect of subjecting the wetland to regulation as waters by:
(A) the department; or
(B) another governmental entity.
As added by P.L.282-2003, SEC.30.
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