2601.1 The following activities are exempt from the permitting requirements of this chapter:

1. (a) Any proposed regulated activity conducted by a person who received a federal Clean Water Act (CWA) section 404 permit issued by the U.S. Army Corps of Engineers (33 U.S.C. § 1344), and a District water quality certification of that permit under section 401 of the CWA (33 U.S.C. § 1341) before the effective date of these regulations;
2. (b) Invasive species eradication, mowing, or other forms of weed control in existing public utility rights-of-way; and
3. (c) Activities that disturb less than fifty square feet (50 ft²) of land and do not impact waters of the United States.

2601.2 The following activities are exempt from the mitigation requirements of this chapter:

1. (a) Submerged aquatic vegetation restoration and enhancement activities;
2. (b) Stream and wetland enhancement, restoration, and creation activities that are not related to mitigation, provided:
3. (1) The activities do not impact the biological, chemical, or physical properties of the wetland or stream; and
4. (2) The project is not located within a wetland of special concern.
5. (c) The installation of floating recreational docks that will be removed within six (6) months of installation.

2601.3 A person may perform emergency work to protect life, limb or property, or may perform emergency repairs, prior to obtaining a wetland and stream permit or water quality certification, provided that:

1. (a) The person performing the work or repairs notifies the Department by telephone or email within twenty-four (24) hours or the next business day after learning of the condition requiring emergency work or emergency repairs;
2. (b) The person submits an application for a District Wetland and Stream Permit or a water quality certification within thirty (30) days of beginning

the emergency work or emergency repairs;

(c) For an activity conducted in a wetland or stream that is also determined to be waters of the United States, the person conducting the activity follows any emergency procedures established by the U.S. Army Corps of Engineers in accordance with 33 C.F.R. § 325.2(e)(4); and

(d) The person performing the emergency work or emergency repairs completes the work or repairs, and, once the wetland or stream permit or water quality certification is issued, the person fulfills any mitigation required by the permit or certification.

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