In addition to meeting the applicable conditions established in Env-Wt 300, the department shall not approve a project to control or eradicate NAV unless the following criteria are met:

1. (a) The project:

   1. (1) Is necessary to maintain access to an existing legal beach, docking facility, public boat ramp, or community swim area because the NAV is:

      1. a. Negatively affecting private or public access to the waterbody;
      2. b. Interfering with the applicant’s ability to reasonably use watercraft or to engage in other recreational uses; or
      3. c. Interfering with the normal outflow or flushing of the waterbody;
   2. (2) Minimizes potential water quality impacts where disturbance to soft bottom substrates could result in turbidity or changes to the cross-section of the bottom if aquatic plants are disturbed or removed; and
   3. (3) Protects critical habitats, nesting sites, and spawning fishery locations; and

2. (b) The project will not:

   1. (1) Remove a protected species or habitat;
   2. (2) Remove or disturb root systems or substrate materials or grades that would constitute dredging;

   3. (3) Be located in:

      1. a. A PRA, except as provided in Env-Wt 407; or
      2. b. A diverse habitat that provides nesting or foraging habitat for fish or wildlife that would be negatively impacted by the removal of vegetation; or
   4. (4) Cause removal of NAV that is part of a floating island.

Source. #12805, eff 12-15-19; amd by #13124, eff 10-23-20