1. A person shall not drain a protected wetland without first obtaining a permit from the department.
2. The department shall not issue a permit to drain a protected wetland except under one of the following conditions:
a. The protected wetland is replaced by the applicant with a wetland of equal or greater value as determined by the department.
b. The protected wetland does not meet the criteria for continued designation as a protected wetland.
3. This section does not prohibit any of the following:
a. A landowner utilizing the bed of a protected wetland for pasture or cropland if there is no construction of dikes, ditches, tile lines, or buildings and the agricultural use does not result in drainage.
b. A person maintaining, repairing, or replacing an improvement to a drainage district as provided in chapter 468, as long as the improvement continues to serve the drainage district and the functions of the improvement are not expanded beyond the scope of functions as designed prior to the maintenance, repair, or replacement.
90 Acts, ch 1199, §3
C91, § 108.13
91 Acts, ch 172, §1
C93, § 456B.13
98 Acts, ch 1025, §1
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