Section 281.815. Structure maintenance.

The following structures may be maintained in accordance with section 30103(j) of the act:

(a)   Seawalls, if the repair is only of the seawall facing or sheeting or support piling and if the maintenance does not encompass more than 25% of the permitted seawall length. Cap maintenance or replacement can be done for 100% of permitted seawalls.

(b)   Riprap shore protection structures, if original materials have been displaced by erosion or ice damage and the placement of earthen fill will not be required as part of the

maintenance  and  if  retrieval  of     the     riprap      will  not  cause  disruption   of  adjacent bottomland.

(c)   Noncommercial docks, boat hoists, and pilings.

(d)  Boat ramps if the maintenance does not require dredging.

(e)  Bridges and culverts, if the maintenance is of an existing in-place structure and does not involve removal of the structure or alteration of the watercourse, streambed, or adjacent banks.

(f)   Dams and lake level control structures, if the maintenance will be conducted without drawing down the lake or impoundment and is limited to minor surface repairs; the repair or replacement of stop logs,  racks,  and gates; or surface stabilization of earthen embankment-type structures where the work is above the existing water surface.

(g)    Docks and pilings of a marina that has a current operating permit from the department.

(h)       Lake  level  control   structures,  if  the   temporary   variance (winter- summer) is established by court order or previously permitted by the department as an impoundment operational variation from the crest elevation if adverse environmental impacts have not occurred.

History: 1982 AACS; 1985 AACS; 1998-2000 AACS.