1. (a) Construction of a water access structure shall be a minimum impact project only if all of the following criteria are met:

   1. (1) No construction surface area, filling, or dredging occurs below the normal high water line or ordinary high water mark, as applicable;
   2. (2) No work is done in a wetland or PRA, except as provided in Env-Wt 407;
   3. (3) The combination of existing and proposed water access structures does not use more than 20 percent of the applicant’s contiguous shoreline up to a maximum of 50 feet;
   4. (4) A maximum of 10 CY of sand is used; and
   5. (5) The total area impacted by water access structures does not exceed 250 SF.

2. (b) Construction of a beach shall be a minor impact project if the project complies with (a)(1) through (4), above, and either:

   1. (1) The project uses more than 10 CY of sand but not more than 20 CY of sand; or
   2. (2) The aggregate area impacted by water access structures is 250 SF or greater but does not exceed 500 SF.

3. (c) Construction of a deck or patio shall be a minor impact project if:

   1. (1) The project complies with (a)(1) through (4), above; and
   2. (2) The aggregate area impacted by water access structures is 250 SF or greater but does not exceed 500 SF.
4. (d) Construction of a water access structure shall be a major project if the project does not meet the criteria for a minimum impact project specified in (a), above, or for a minor impact project specified in (b) or (c), above.

Source. #12805, eff 12-15-19; amd by #12954, eff 12-24-19; amd by #13124, eff 10-23-20