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.