Residential and commercial or industrial development projects shall be classified under Env-Wt 407 and as follows:

1. (a) A project shall be a minimum impact project only if it meets the requirements in (1) and (2) below in addition to the requirements in either (3) or (4) below:

   1. (1) All stream-crossing components of the project meet the requirements for minimum impact classification specified in Env-Wt 903.01.
   2. (2) All other components of the project meet the requirements for minimum impact classification specified in Env-Wt 407 and this chapter.

   3. (3) The project:

      1. a. Provides only access for a single crossing of a Tier 1 stream as defined in Env-Wt 902.34;
      2. b. Is designed in accordance with the standards of Env-Wt 904.01 and Env-Wt 904.03 as a driveway to a new or existing residential lot; and
      3. c. Is not part of a subdivision of 4 or more lots.

   4. (4) The project:

      1. a. Is a crossing of a forested wetland that does not exceed 3,000 square feet of impact;
      2. b. Is designed in accordance with the standards of Env-Wt 524; and
      3. c. Is not part of a subdivision of 4 or more lots;

2. (b) A project shall be an expedited minimum impact project only if:

   1. (1) It is a minimum impact project to construct a new subdivision of 3 lots or less; and
   2. (2) Meets the eligibility requirements for expedited permits under Env-Wt 306.03;

3. (c) A project shall be a minor impact project if any of the following apply:

   1. (1) Any single stream-crossing component of the project meets the requirements for minor impact classification specified in Env-Wt 903;
   2. (2) The project is part of a new subdivision of 4 or more lots;
   3. (3) Any single component of the project meets the requirements for minor impact classification specified in Env-Wt 407, Env-Wt 903, or this chapter; or
   4. (4) No component of the project meets the requirements for major impact classification specified in Env-Wt 407, Env-Wt 903, or this chapter; and

4. (d) A project shall be a major impact project if:

   1. (1) The project proposes impacts to a PRA;
   2. (2) The project exceeds the minor impact criteria;
   3. (3) The project requires mitigation or meets the requirements for major impact classification specified in Env-Wt 407, Env-Wt 903, or any other associated project classification that is part of the overall project; or
   4. (4) The project is elevated based on an aggregation undertaken by a developer or is part of a series of developments under Env-Wt 400.

Source. #12805, eff 12-15-19; amd by #12954, eff 12-24-19; amd by #13124, eff 10-23-20; ss by #13776, eff 10-13-23