143-214.7C. Prohibit the requirement of mitigation for certain impacts; establish threshold for mitigation of impacts to streams.
(a) Except as required by federal law, the Department of Environmental Quality shall not require mitigation for any of the following:
(1) Impacts to an intermittent stream. For purposes of this section, "intermittent stream" means a well-defined channel that has all of the following characteristics:
a. It contains water for only part of the year, typically during winter and spring when the aquatic bed is below the water table.
b. The flow of water in the intermittent stream may be heavily supplemented by stormwater runoff.
c. It often lacks the biological and hydrological characteristics commonly associated with the conveyance of water.
(2) Impacts associated with the removal of a dam when the removal complies with the requirements of Part 3 of this Article.
(b) Except as required by federal law, the Department of Environmental Quality shall not require mitigation for losses of 300 linear feet or less of stream bed.