2600 GENERAL PROVISIONS

2600.1 The purpose of this chapter is to provide for the management and protection of wetlands and streams in the District, consistent with the following:

(a) The District of Columbia Wetland Conservation Plan, which establishes goals of no net loss in the acreage and function of wetlands, and an eventual overall net gain;

(b) The District of Columbia Fisheries and Wildlife Omnibus Act of 2016, which designated wetlands, fish and wildlife habitat conservation areas, and frequently flooded areas as critical areas to be protected, conserved, or enhanced; and

(c) The Chesapeake Bay Watershed Agreement of 2014, specifically the goal to restore, enhance, and protect a network of land and water habitats to support fish and wildlife, and to afford other public benefits, including water quality, recreational uses, and scenic values across the watershed.

2600.2 No person shall conduct a regulated activity in a wetland or stream unless the activity is exempt under § 2601 or conducted pursuant to a wetland and stream permit or water quality certification in accordance with § 2600.4.

2600.3 Notwithstanding any provision of this chapter or Chapter 25, a person who has submitted an application for a water quality certification pursuant to section 401 of the Clean Water Act (CWA) (33 U.S.C. § 1341) before the effective date of these emergency rules shall not be subject to the provisions of this chapter or Chapter 25 for the regulated activity that was the subject of the application.

2600.4 A person conducting a regulated activity in a wetland or stream shall obtain one of the following:

(a) For an activity conducted in a wetland or stream that requires a permit under CWA section 404 (33 U.S.C. § 1344), a permit issued by the U.S. Army Corps of Engineers and a District water quality certification of that permit under section 401 of the CWA (33 U.S.C. § 1341); or

(b) For an activity conducted in a wetland or stream that does not require a permit under CWA section 404, a District wetland and stream permit issued by the Department.

2600.5 The Department shall not issue a wetland and stream permit under this chapter or water quality certification for a regulated activity under section 401 of the CWA unless the applicant demonstrates to the satisfaction of the Department that:

(a) The proposed project is either water-dependent, or is not water-dependent but has provided justification that no practicable alternative exists under the criteria in § 2605;

(b) The regulated activity will first avoid and then minimize impacts to wetlands and streams based on consideration of existing topography, vegetation, fish and wildlife resources, and hydrological conditions under the criteria in § 2606; and

(c) The applicant has developed and implemented or will implement mitigation plans and practices under the criteria in §§ 2607, 2608, 2609, 2610, and 2611.

2600.6 The Department shall not issue a wetland and stream permit or water quality certification for a regulated activity if it:

(a) Causes or contributes to, after consideration of disposal site dilution and dispersion, violations of any applicable District water quality standard;

(b) Violates any applicable toxic effluent standard or prohibition under CWA §307 (33 U.S.C. § 1317); or

(c) Jeopardizes the continued existence of a species listed as threatened or endangered under the federal Endangered Species Act, 16 U.S.C. § 1531 et seq., or results in the destruction or adverse modification of critical habitat of such species.

2600.7 Unless otherwise specified in a District wetland and stream permit or water quality certification issued by the Department, no regulated activity shall cause or contribute to significant degradation of wetlands or streams, including an individual or cumulative impact that:

(a) Degrades aquatic or semi-aquatic ecosystem populations, diversity, productivity, or stability;

(b) Adversely affects the biological, chemical, or physical properties of a wetland or stream;

(c) Degrades habitat for aquatic or semi-aquatic wildlife, fish, shellfish, or plants; or

(d) Jeopardizes the continued existence of a species of greatest conservation need or results in the destruction or adverse modification of habitat of such

species.

2600.8 Persons conducting regulated activities within wetlands and streams shall:- (a) Conduct the regulated activity so as not to alter or impact the habitats of species of greatest conservation need;

- (b) Conduct the regulated activity so as not to restrict or impede the passage of normal high water flows;

- (c) Conduct the regulated activity so as not to restrict or impede the movement of wildlife indigenous to the wetland or adjacent water;

- (d) Adhere to time-of-year restrictions as required by the Department under 21 DCMR § 1405;

- (e) Avoid any disturbances in breeding areas for migratory waterfowl and species of greatest conservation need;

- (f) Maintain the hydrologic regime of District waters impacted by the regulated activity;

- (g) Place materials in a location and manner that does not impact surface or subsurface water flow into or out of District waters;

- (h) Use only backfill that is free of waste metal products, debris, toxic material, contaminated material, or any other deleterious substance;

- (i) Place heavy equipment on mats, or suitably design the equipment to prevent damage to wetlands and soil compaction;

- (j) For installation of utility lines or repairs to utility lines, ensure that post-construction grades and elevations of wetlands and stream bed and banks are the same as original grades and elevations;

- (k) Avoid significant individual and cumulative impacts to wetlands of special concern; and

- (l) Manage runoff to prevent discharge of untreated stormwater into District waters.

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021).