"Voluntarily created wetland"

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.