35-11-311. Mitigation; guidelines.
(a) The department, after consultation with the Wyoming department of agriculture, state engineer, game and fish department, Wyoming water development commission and the department of transportation, shall adopt guidelines for evaluating ecological function and values and for establishing and administering a mitigation credit banking system for compensatory mitigation. The guidelines shall, at a minimum, provide for:
(i) Criteria under which mitigation credits may be earned, with credit to be recognized for man-made wetlands created after July 1, 1991;
(ii) Geographical and other appropriate limitations for the application of mitigation bank credits;
(iii) Criteria for the use, banking or sale of banked credits;
(iv) The approval by the department for the earning, using, banking, transfer or selling of mitigation bank credits; and
(v) Requirements for the maintenance and submission by the department of records concerning ecological function and wetland value losses, and credit and debit accounts for each mitigation bank.
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