(a) The department shall not approve any change in size, location, or configuration of an existing legal docking structure unless the applicant demonstrates, and the department finds, that the modification:
- (1) Is less environmentally-impacting than the existing docking structure; or
- (2) Provides for fewer boat slips and less deck area over public submerged lands than the existing docking structure.
- (b) The addition of a permanent accessory docking structure to an existing legal docking structure shall constitute a modification of the existing docking structure.
- (c) Modification of a grandfathered docking structure that results in the same kind of structure in the same or a more conforming location, having the same or smaller surface area, and the same number or fewer boat slips, such that in all material aspects the new structure is no more impacting to the environment or abutting properties than the original structure, shall not remove the structure’s grandfathered status.
Source. #12805, eff 12-15-19; ss by #13124, eff 10-23-20; ss by #13776, eff 10-13-23