1. (a) Replenishment of sand on an existing beach shall be a minimum impact project only if all of the following criteria are met:

   1. (1) The beach is an existing legal structure as defined in Env-Wt 102;
   2. (2) No sand is placed below the normal high water line or limits of flowage rights, as applicable;
   3. (3) No work is done in a wetland, watercourse, or PRA, except as provided in Env-Wt 407;
   4. (4) No more than 10 CY of sand is used; and
   5. (5) The beach is not replenished more frequently than once in any 6-year period.

2. (b) Replenishment of a beach shall be a minor impact project if the project meets the criteria in (a)(1)-(3), above, and either:

   1. (1) The beach is replenished more frequently than once in a 6-year period; or
   2. (2) More than 10 CY of sand but not more than 20 CY of sand will be used.
3. (c) Replenishment of an existing legal beach shall be a major impact project if the project does not meet the criteria specified in (a) or (b), above.
4. (d) A beach that is not an existing legal structure shall not be replenished unless an after-the-fact permit is obtained for construction of the beach, which shall be classified as provided in Env-Wt 511.06.

Source. #12805, eff 12-15-19; ss by #13134, eff 10-23-20; ss by #13776, eff 10-13-23