D.C. Mun. Regs. r. 21-1404

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 21-1404 - CRITERIA FOR APPROVAL

1404.1

A submerged aquatic vegetation removal plan may be approved by the Director only for projects which are necessary to do the following:

(a) Provide reasonable access to navigable waters;

(b) Provide reasonable opportunities for water-based recreational activities; and

(c) Manage the living aquatic resources of the waters of the District.

1404.2

A submerged aquatic vegetation removal plan may be approved by the Director only if the following two (2) criteria are met to the Director's satisfaction:

(a) The duration of the proposed project is no longer than is necessary to achieve the purpose intended by this chapter; and

(b) The proposed project is consistent with acceptable natural resources and environmental management practices as determined by the Director.

1404.3

In determining the reasonableness of a plan submitted for approval, the Director may consider the following factors:

(a) The purpose, timing, method and extent of the proposed removal action;

(b) Potential impacts to the living aquatic resources in the project area such as anadromous fish, shellfish, and submerged aquatic vegetation;

(c) The method and location of disposal;

(d) The extent of overall benefit from the proposed project; and

(e) The opinions of affected property owners or others.

D.C. Mun. Regs. r. 21-1404

Final Rulemaking published at 41 DCR 1971, 1973 (April 15, 1994)