§ 24-0505. Exemption from local implementation.

The commissioner, by rule, may exempt from local implementation under
this title those freshwater wetlands which, by reason of their size or
special characteristics of unique environmental value or by reason of
common characteristics, are appropriately to be administered pursuant to
this article by the department alone. Such rule, based upon findings of
fact made after public hearing, may relate to classes of wetlands based
on size or particular characteristics, or to particular wetlands the
characteristics of which make them subject to the exercise of the
commissioner's discretion pursuant to this section. The commissioner
shall make an order to such effect in each such instance and send a
certified copy thereof to the executive officer of each local government
affected thereby within ten days of his signing the same; such order
shall not take effect until forty days after such signing.