Sec. 3. (a) The following shall be authorized by an individual permit:
(1) Wetland activity in a nonexempt Class II wetland that does not qualify for a general permit under section 4 of this chapter.
(2) Wetland activity in a Class III wetland.
(b) The board may adopt rules under IC 4-22-2 and IC 13-14 to govern the issuance of individual permits by the department under subsection (a).