D.C. Mun. Regs. tit. 21, § 2699
2699.1
When used in this chapter, the following terms and phrases shall have the meanings ascribed:
Adaptive Management – a management strategy that anticipates likely challenges associated with mitigation projects and provides for the implementation of actions to address those challenges, as well as unforeseen changes to those projects. It requires consideration of the risk, uncertainty, and dynamic nature of mitigation projects and guides modification of those projects to optimize performance. It includes the selection of appropriate measures that will ensure that the aquatic resource functions are provided and involves analysis of monitoring results to identify potential problems of a mitigation project and the identification and implementation of measures to rectify those problems.
Applicant -- the legal property owner, an officer or an authorized agent of a corporation that is the legal owner or agent of the legal owner of the property, a legally authorized official of the federal or District of Columbia government, or an authorized partner of an association or partnership.
Aquatic resource – riparian ecosystems, surface waters, and groundwater systems.
Aquatic vegetation – vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
Basic project purpose – the primary need that will be fulfilled by the proposed regulated activity that is used to determine whether a project is water-dependent. For example, the purpose of a residential development is to provide housing for people.
Certification or water quality certification – certification by the District pursuant to section 401 of the Clean Water Act (33 U.S.C. § 1341) that a federal Clean Water Act Section 404 (33 U.S.C. § 1344) permit or letter of approval issued by the U.S. Army Corps of Engineers complies with the District’s laws and regulations.
Clean Water Act – the Federal Water Pollution Control Act of 1972, as amended by the Clean Water Act (CWA) of 1977 and later amendments (33 U.S.C. §§ 1251 et seq.).
Corps of Engineers Wetland Delineation Manual – a publication of the U.S.
Army Corps of Engineers Waterways Experiment Station titled "Corps of Engineers Wetlands Delineation Manual," (Wetlands Research Program Technical Report Y-87-1, January 1987) and the most recently approved U.S. Army Corps of Engineers guidance (https://www.nab.usace.army.mil/Missions/Regulatory/Jurisdictional-Determinations/).
Created wetland – a wetland created on a site that previously was not a wetland to replace wetlands that were unavoidably impacted during design and construction of a project.
Creation – the manipulation of the physical, chemical, or biological characteristics of a site to develop a wetland that did not previously exist on an upland or deepwater site, resulting in an increase in wetland area.
Cowardin Classification – unless otherwise specified in this chapter, means the waters classification system in Classification of Wetlands and Deepwater Habitats of the United States (Cowardin, Lewis M. II, et al., U.S. Fish and Wildlife Service, December 1979, Reprinted 1982), located here: https://www.fws.gov/wetlands/Documents/Classification-of-Wetlands-and-Deepwater-Habitats-of-the-United-States.pdf.
Department – the Department of Energy and Environment, or its successor agency.
District – the District of Columbia.
District of Columbia Wetland Conservation Plan – the plan published by the Department to manage, protect, preserve, enhance, and extend the remaining wetlands in the District with a two-fold goal of (1) no net loss of wetland acreage and function, and (2) eventual overall net gain of wetland acreage and function. The District Wetland Conservation Plan is located here: https://doee.dc.gov/service/wetland-mapping-and-registry
District waters –
(a) Means flowing and still bodies of water, whether artificial or natural, whether underground or on land, so long as in the District;
(b) Excludes:
(1) Water on private property prevented from reaching underground or land water courses; and
(2) Water in closed collection or distribution systems.
Drainage – methods for changing the hydrologic conditions of wetlands, including lowering groundwater or surface water levels through pumping, ditching, diverting, or otherwise altering water flow patterns.
Endangered species – fish, wildlife, or plants designated under the federal Endangered Species Act, in 50 C.F.R. §§ 17.11 and 17.12.
Enhancement – the manipulation of the physical, chemical, or biological characteristics of a wetland or stream to heighten, intensify, or improve specific function(s), that does not result in a gain in wetland or stream acres.
Ephemeral stream – flowing water in stream beds present during, and for a short duration after, precipitation events in a typical year, but not including streams for which groundwater is a source of the water.
Emergent wetland – a wetland dominated by erect, rooted, herbaceous vegetation.
Fill – any material placed in an area that changes the elevation of the preexisting surface water or groundwater level, or the soil surface.
Forested wetland – a class of wetland dominated by woody vegetation that is twenty (20) feet tall or taller and three (3) inches or larger in diameter at breast height. These areas typically possess an overstory of trees, an understory of trees or shrubs, and an herbaceous layer.
Function – the role an aquatic resource serves through the physical, chemical, and biological processes that occur in the ecosystem, including:
(f) Dissipation of erosive forces;
(g) Active recreation;
General area – the geographic vicinity that has desired characteristics for fulfilling the basic project purpose.
Headwaters – the source or beginning of a stream or river.
Impact – adverse effect or to adversely affect.
Indirect impact – effects caused by the activity that occur after completion of the project or outside the project area, but were still reasonably foreseeable.
Initial planning phase – the period of time during which the feasibility of a project is evaluated before committing resources necessary for its implementation.
Intermittent stream – a stream that does not have flowing surface water during dry periods of the year, but has flowing water during certain times of the year resulting from the flow of groundwater, although runoff from rainfall can serve as a supplemental source of water for stream flow.
Jurisdictional determination -- the determination made by the U.S. Army Corps of Engineers regarding its jurisdiction after determining whether:
(b) If not waters of the United States, whether the proposed type of activity may nevertheless so affect the waters of the United States that the assertion of federal regulatory jurisdiction is deemed necessary.
Maintenance –
Minimize – to reduce impacts to wetlands, streams, and District waters to the greatest practicable and reasonable degree.
Mitigation – the restoration, creation, enhancement, or preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts that remain after all appropriate and practicable avoidance and minimization measures have been taken.
Native – indigenous to the District.
Non-tidal wetland – a wetland that is not subject to the ebb and flow of tidal waters.
On-site – on the same project site on which a District waters have been impacted by a regulated activity.
Perennial stream – a stream that has flowing water year-round during a typical year, for which groundwater is the primary source of stream flow, and runoff from rainfall may be a supplemental source of stream flow. The water table is located above the stream bed for most of the year.
Permittee – an applicant to whom a permit has been granted by the Department in accordance with this chapter.
Permittee-responsible mitigation – a mitigation activity undertaken by the permittee (or an authorized agent or contractor) to provide mitigation for which the permittee retains full responsibility for meeting the established mitigation performance standards, long-term maintenance, and long-term
protection of the mitigation site.
Permanent impacts – impacts to a wetland or stream that cause a permanent alteration of the physical, chemical, or biological properties of the stream, wetland, or other aquatic resource acreage or functions.
Performance standards – observable or measurable physical (including hydrological), chemical, or biological attributes that are used to determine whether a mitigation project meets its objectives.
Plan view drawing – a scaled graph or plot that represents the view of an object as projected onto orthogonal planes.
Pond – a still body of water, whether formed naturally or created artificially, that:
Practicable – available and capable of being done after taking into consideration costs, existing technology, and logistics in light of the basic project purpose.
Preservation –
Project – the entire activity on one or more parcels of land, of which a regulated activity is a part, including all proposed and projected phases and sections of land subdivisions.
Profile drawing – a scaled graph of plot that represents the side view of an object.
Propagule – a structure (such as a cutting, a seed, or a spore) that propagates a plant.
Regulated activity – any activity that is undertaken or originates in a wetland or stream, including the following:
Restoration – the manipulation of the physical, chemical, or biological characteristics of a degraded or former aquatic resource site with the goal of returning natural or historic functions.
Riparian Buffer – an upland area, surrounding a wetland or stream, measured one hundred (100) feet from the outer edge of the wetland boundary or stream bank that protects or enhances functions associated with wetlands, rivers, streams, lakes, and marine and estuarine systems from disturbances associated with adjacent land uses.
Scrub-shrub wetland – a class of wetlands dominated by woody vegetation three (3) feet to twenty (20) feet tall, including tree shrubs, young trees, and trees or shrubs that are small or stunted because of environmental conditions, but excluding woody vines.
Species of greatest conservation need – an animal species that is listed in the District’s Wildlife Action Plan as a species in need of conservation through targeted management actions, based on a set of criteria that are detailed in the Wildlife Action Plan. This includes animal species whose populations are imperiled, vulnerable, or declining, or have their habitat at risk.
Stormwater management – a system to control stormwater runoff with structural and nonstructural best management practices, including:
Stream – a channel or conveyance of surface water with perennial, intermittent, or ephemeral flow and having defined bed and banks, whether natural or artificial.
Stream bank – the side slopes of an active channel between which the streamflow is normally confined.
Sub-watershed – a smaller unit of a watershed that contains a set of streams that all drain into a single larger-order stream.
Temporal loss – the time between the loss of aquatic resource functions caused by the permitted impacts and the replacement of aquatic resource functions at the mitigation site.
Temporary impacts – impacts to wetlands, streams, or other aquatic resources that do not cause a permanent alteration of the physical, chemical, or biological properties of the stream, wetland, or other aquatic resources, or the permanent alteration or degradation of existing wetland, stream, or aquatic resource acreage or functions.
Thalweg – The deepest part of any cross section of a river or stream.
Top-of-bank – the break in slope between a streambank and the surrounding terrain.
Tidal wetland – a wetland that is inundated by tidal waters.
Vernal pool – a seasonal depressional wetland covered by water for variable periods of time, but that may be completely dry for most of the summer and fall.
Water-dependent – requiring access to, proximity to, or location within a wetland or stream to fulfill the basic project purpose.
Watershed –
(a) Means the land area that drains water to a particular stream, river, or lake; and
(b) May be identified by tracing a line along the highest elevations between two areas on a map, often a ridge.
Waters of the United States – waters that are defined as waters of the United States in 33 CFR § 328.3 or 40 CFR § 120.2.
Wetland –
(a) Means an area that is inundated by tides or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions; and.
(b) Includes a marsh, swamp, pond, or vernal pool.
Wetland and Stream Mitigation Trust Fund program – a program involving the restoration, establishment, enhancement, or preservation of aquatic resources through funds paid to a governmental entity to satisfy mitigation requirements for the Department’s permits.
Wildlife – any species of a vertebrate or invertebrate animal, excluding domestic species.
SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021).