1. (a) The construction, installation, or modification of a docking structure, including accessory structures, shall be a minimum impact project only if:

   1. (1) The project meets all of the following criteria:

      1. a. The proposed docking structure, including accessory structures, is seasonal and meets all applicable criteria specified in Env-Wt 513.03, Env-Wt 513.10 through Env-Wt 513.12, Env-Wt 513.14, and Env-Wt 513.22;
      2. b. No more than 2 slips, including previously existing slips, are proposed;
      3. c. Any anchoring pad is designed and installed as specified in Env-Wt 513.13;
      4. d. Any watercraft lift is designed and installed as specified in Env-Wt 513.05 and Env-Wt 513.21; and
      5. e. Any proposed canopy meets the criteria of Env-Wt 513.26(a); or
   2. (2) The project is limited to the installation of seasonal watercraft lifts within legally existing boat slips.

2. (b) The construction, installation, or modification of a docking structure, including accessory structures, shall be a minor project if the project does not meet the criteria specified in (a), above, for minimum impact projects and:

   1. (1) No more than 4 boat slips, including previously existing boat slips, are proposed;
   2. (2) The proposed docking structure, including accessory structures, will use no more than 100 feet of waterfront; and
   3. (3) The structure is not regulated under Env-Wt 515.

3. (c) The construction, installation, or modification of a docking structure, including accessory structures, shall be a major project if:

   1. (1) The project does not meet the criteria for minimum impact projects specified in (a), above, or for minor projects specified in (b), above;
   2. (2) The docking structure, including accessory structures, is a major docking system; or
   3. (3) The docking structure, including accessory structures, is proposed to be adjacent to or attached to a breakwater.

Source. #12805, eff 12-15-19; amd by 12976, eff 1-22-20; ss by #13124, eff 10-23-20; ss by #13124, eff 10-23-20; ss by #13776, eff 10-13-23; ss by #14389, eff 9-25-25, EXPIRES: 9-25-35