1404.1 A submerged aquatic vegetation removal plan may be approved by the Director only for projects which are necessary to do the following:

1. (a) Provide reasonable access to navigable waters;
2. (b) Provide reasonable opportunities for water-based recreational activities; and
3. (c) Manage the living aquatic resources of the waters of the District.

1404.2 A submerged aquatic vegetation removal plan may be approved by the Director only if the following two (2) criteria are met to the Director's satisfaction:

1. (a) The duration of the proposed project is no longer than is necessary to achieve the purpose intended by this chapter; and
2. (b) The proposed project is consistent with acceptable natural resources and environmental management practices as determined by the Director.

1404.3 In determining the reasonableness of a plan submitted for approval, the Director may consider the following factors:

1. (a) The purpose, timing, method and extent of the proposed removal action;
2. (b) Potential impacts to the living aquatic resources in the project area such as anadromous fish, shellfish, and submerged aquatic vegetation;
3. (c) The method and location of disposal;
4. (d) The extent of overall benefit from the proposed project; and
5. (e) The opinions of affected property owners or others.

SOURCE: Final Rulemaking published at 41 DCR 1971, 1973 (April 15, 1994).