In addition to meeting the applicable approval criteria in Env-Wt 300, the department shall not approve an application for the construction or modification of any docking structure or accessory docking structure, unless the applicant demonstrates that the following criteria are met:
(a) The structure will not unreasonably affect the following:
- (1) The ability of abutting owners to use and enjoy their properties; or
- (2) The public’s right to navigation, passage, and use of the resource for commerce and recreation;
- (b) The structure has been designed, located, and configured to avoid impacts to water quality, aquatic vegetation, and wildlife and finfish habitat;
- (c) The structure will not adversely affect shoreline stability; and
- (d) The type of construction proposed is the least intrusive upon the public trust that will ensure safe docking on the frontage.
Source. #12805, eff 12-15-19; amd by #13124, eff 10-23-20; ss by #13776, eff 10-13-23