In addition to meeting the criteria established in Env-Wt 300, the department shall not approve a permit for a utility project unless the following criteria are met:
- (a) If the project as a whole crosses multiple properties, it is submitted as a single project and is not segmented into multiple proposed projects for the purpose of avoiding eligibility or classification requirements;
- (b) The project is, to the greatest extent practicable, within existing rights-of-way and developed areas;
- (c) Construction will be undertaken in the least environmentally impactful manner; and
- (d) For major projects, if the project involves greater than one acre of contiguous permanent wetland or watercourse impact, an off-site alternatives analysis is done.
Source. #12805, eff 12-15-19; amd by #13124, eff 10-23-20