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EQB Invites Comments On Proposed Changes To The Basic Chapter 105 Waterways Permit Regulations

The Environmental Quality Board invites comments on proposed changes to the Chapter 105 Waterways Management permit regulations, one of the most basic permits all development must have in the state. (formal notice)

The proposed revisions are designed to provide additional waivers, focus on the most important activities and threats to the environment and health and provide flexibility in meeting those requirements.

DEP reviews in the neighborhood of 3,600 Chapter 105 permit applications annually, although that changes based on economic activity. The Chapter 105 regulations have not been substantially revised since 1991.

Among the changes proposed are--

-- Additional Permit Waivers for streambank fencing, passive non-motorized recreation, elevated boardwalks in wetlands for educational purpose and trails, emergency water withdrawal, temporary mats and pads in wetlands and temporary environmental testing;

-- Updates Provisions Related to stormwater and floodplain management;

-- Adds alternatives analysis description;

-- Updates mitigation plan terms;

-- Adds antidegradation demonstration;

-- Clarifies impacts and cumulative impacts analysis;

-- Adds provisions for enrollment to the Private Dam Financial Assurance Program;

-- Provides new criteria for aquatic resource restoration activities;

-- Revises provisions related to compensation for impacts to aquatic resources and no net loss of wetlands;

-- Revises siting criteria for consistence with mitigation banking, in lieu fee and permittee compensation;

-- Changes provisions related to the removal of dams and abandonment of water obstructions; and

-- Clarifies flood design criteria.

Click Here for a summary of the changes. Click Here for Regulatory Analysis Form. Click Here for PPT presentation.