Section 3704.90  Departmental Standards

a)         No activity which would result in an obstruction to, or interference with, the navigability of any public body of water will be permitted.

b)         No activity which would result in bank or shoreline instability on other properties will be permitted.

c)         If it is determined that an activity would result in a long-term or permanent encroachment on a public body of water or impairment of any rights, interests or uses of the public in the body of water or in the natural resources thereof, a permit will be issued only if it is demonstrated that:

1)         The project has been designed and will be constructed and operated in a way which will minimize and mitigate to the fullest practicable extent its encroachment on the body of water and its impairment of the rights, interests and uses of the public in the body of water and in the natural resources thereof; and

2)         There would be a public benefit, such as the enhancement of navigation, boating, hunting or other normal and lawful use of the body of water, resulting from the activity which would offset the encroachment and/or impairment impacts.