1. (a) Repair, rehabilitation, or replacement of a tier 1 or tier 2 stream crossing shall be limited to stream crossings where:

   1. (1) The contributing watershed is as specified for the tier; and
   2. (2) The certification specified in (b), below is provided.

2. (b) A project to repair, rehabilitate, or replace a tier 1 or tier 2 crossing shall qualify under this section only if a professional engineer certifies that:

   1. (1) The existing stream crossing does not have a history of causing or contributing to flooding that damages the crossing, other human infrastructure, or protected species or habitat, or any combination thereof; and

   2. (2) The proposed stream crossing will:

      1. a. Meet or exceed the general criteria specified in Env-Wt 904.01;
      2. b. Maintain or enhance the hydraulic capacity of the crossing;
      3. c. Maintain or enhance the capacity of the crossing to accommodate aquatic organism passage, or both;
      4. d. Maintain or enhance the connectivity of the stream reaches upstream or downstream of the crossing, or both; and
      5. e. Not cause an increase in the frequency of flooding or overtopping of banks upstream or downstream of the crossing, or both.
3. (c) Rehabilitation of a culvert or other closed-bottom stream crossing structure pursuant to this section may be accomplished by concrete repair, slip lining, cured-in-place lining, or concrete invert lining, or any combination thereof, except that slip lining shall not occur more than once.

Source. #12809, eff 12-15-19; amd by #13124, eff 10-23-20