1. (a) A boardwalk construction or maintenance project shall be classified as minimum impact if the project:

   1. (1) Will have a total wetland impact area of not more than 3,000 SF as measured by the surface area of the boardwalk, except that log foot bridges on trails may have up to 3,000 SF of wetland impact per crossing;
   2. (2) Disturbs not more than 50 LF of a surface water body, measured along the shoreline of a lake or pond at its bank; and
   3. (3) Will have no adverse impacts to a marsh, scrub-shrub wetland adjacent to a surface waterbody, floodplain wetland adjacent to a water course, cedar swamps, or PRAs, except as provided in Env-Wt 407.

2. (b) A boardwalk construction project shall be classified as a minor impact project if the project:

   1. (1) Will have a total area of more than 3,000 SF but less than 10,000 SF;
   2. (2) Disturbs between 50 LF or more but less than 200 LF of a surface water body, measured along the shoreline of a lake or pond at its bank; or

   3. (3) Disturbs between 50 LF or more but less than 200 LF of an intermittent or perennial non-tidal watercourse channel or banks, provided that:

      1. a. For intermittent streams, the distance shall be measured along the thread of the channel; and
      2. b. For perennial streams, the total disturbance shall be calculated by summing the lengths of disturbances to the channel or banks.

3. (c) A boardwalk construction project shall be classified as a major impact project if the project:

   1. (1) Will have a total area of 10,000 SF or more;
   2. (2) Disturbs 200 LF or more of a surface water body, measured along the shoreline of a lake or pond at its bank;

   3. (3) Alters the course of or disturbs 200 LF or more of an intermittent or perennial non-tidal watercourse channel or banks, provided that:

      1. a. For intermittent streams, the distance shall be measured along the thread of the channel; and
      2. b. For perennial streams, the total disturbance shall be calculated by summing the lengths of disturbances to the channel or banks;
   4. (4) Has any impacts in tidal marsh, tidal waters, tidal flats, or sand dunes; or
   5. (5) Creates a pathway across public waters or new access way across surface waters that exceeds Env-Wt 400 criteria.

Source. #12805, eff 12-15-19; amd by #13124, eff 10-23-20; ss by #13776, eff 10-13-23