§ 89-10. Standards for permit issuance.

A. 

Compatibility. These three tests are to be used to determine the compatibility of all activities identified as "C" or "N" in § 89-12 or for any unlisted action. If all three of the following tests for compatibility are met, no other weighing standards need be met, regardless of the wetland class. A permit, with or without conditions, may be issued for a proposed activity on a wetland of any class or in a wetland's adjacent area if it is determined that the activity:

(1) 

Would be compatible with preservation, protection, and conservation of the wetland and its benefits.

(2) 

Would result in no more than insubstantial degradation to, or loss of, any part of the wetland; and

(3) 

Would be compatible with the public health and welfare.

B. 

Weighing. These standards must be applied to all activities identified as "X" in § 89-12, and to all those activities listed as "C" or "N" in § 89-12 or any unlisted action, which do not meet the three tests of compatibility, listed in § 89-10 above. If the proposed activity is listed as "X," or cannot meet the three tests for compatibility, then a permit shall be issued only if the proposed activity meets each of the standards below for the class of wetland affected.

(1) 

Class I wetlands provide the most critical of the state's wetland benefits, reduction of which is acceptable only in the most unusual circumstances. A permit shall be issued only in the most unusual circumstance. A permit shall be issued only if it is determined that the proposed activity satisfies a compelling economic or social need that clearly and substantially outweighs the loss of or detriment to the benefits(s) of the Class I wetland.

(a) 

The proposed activity must be compatible with the public health and welfare.

(b) 

The proposed activity must be the only practicable alternative which could accomplish the applicant's objectives and have no practicable alternative on the site that is not a freshwater wetland or adjacent area.

(c) 

The proposed activity must minimize degradation to, or loss of, any part of the wetland or its adjacent area and must minimize any adverse impacts on the functions and benefits which that wetland provides.

(2) 

Class II wetlands provide important wetland benefits, the loss of which is acceptable only in very limited circumstances. A permit shall be issued only if it is determined that the proposed activity satisfies a pressing economic or social need that clearly outweighs the loss of or detriment to the benefit(s) of the Class II wetland.

(a) 

The proposed activity must be compatible with the public health and welfare.

(b) 

The proposed activity must be the only practicable alternative which could accomplish the applicant's objectives and have no practicable alternative on the site that is not a freshwater wetland or adjacent area.

(c) 

The proposed activity must minimize degradation to, or loss of, any part of the wetland or its adjacent area and must minimize any adverse impacts on the functions and benefits which that wetland provides.

(3) 

Class III wetlands supply wetland benefits, the loss of which is acceptable only after the exercise of caution and discernment. A. permit shall be issued only if it is determined that the proposed activity satisfies an economic or social need that outweighs the loss of or detriment to the benefit(s) of the Class III wetland.

(a) 

The proposed activity must be compatible with the public health and welfare.

(b) 

The proposed activity must be the only practicable alternative which could accomplish the applicant's objectives and have no practicable alternative on the site that is not a freshwater wetland or adjacent area.

(c) 

The proposed activity must minimize degradation to, or loss of, any part of the wetland or its adjacent area and must minimize any adverse impacts on the functions and benefits which that wetland provides.

(4) 

Class IV wetlands provide some wildlife and open space benefits and may provide other benefits cited in § 89-1. Therefore, wanton or uncontrolled degradation or loss of Class IV wetlands is unacceptable. A permit shall be issued for a proposed activity in a Class IV wetland only if it is determined that the activity would be the only practicable alternative which could accomplish the applicant's objectives.

(a) 

The proposed activity must be compatible with the public health and welfare.

(b) 

The proposed activity must be the only practicable alternative which could accomplish the applicant's objectives and have no practicable alternative on the site that is not a freshwater wetland or adjacent area.

(c) 

The proposed activity must make a reasonable effort to minimize degradation to or loss of any part of the wetland or its adjacent area.