§ 35-11-310 — Notice to drain waters required; exception

(a) Except as provided in subsection (b) of this section,
after July 1, 1996, no person shall drain water from a naturally
occurring or man-made wetland, or any series thereof, which has
an area comprising five (5) acres or more, without first
notifying the department that the water which will be drained
from the wetland, or any series thereof, will not flood or
adversely affect downstream lands. Notification shall include
the size and location of the wetland, and whether the wetland is
natural or man-made.
(b) Subsections (a) and (c) of this section do not apply
to disturbances of wetlands resulting from mining operations
conducted pursuant to mining permits issued by the department of
environmental quality.
(c) Any person draining, or causing to be drained, water
of a naturally occurring wetland, or any series thereof, which
has an area comprising five (5) acres or more, without first
notifying the department as required by subsection (a) of this
section, shall not be eligible to participate in the mitigation
credit banking system as provided by W.S. 35-11-311. Failure to
notify the department pursuant to this section does not
constitute a violation for purposes of W.S. 35-11-901.