Section 21-1404. CRITERIA FOR APPROVAL

 

1404.1A 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.

 

1404.2A 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.

 

1404.3In 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.

 

source

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