§ 23-3. Conditions of waiver.

(a) Case-by-case.

A waiver may be granted only on a case-by-case basis, after considering the cumulative effects of the Department's waiver policy.

(b) Impact.

A waiver may be granted only if it reasonably ensures that the development will not adversely impact stream quality.

(c) Fee in-lieu.

The Department may require a person who is granted a waiver to pay a fee in-lieu-of on-site management.