D.  Prerequisites

1. Wetland walkover structure applications in Type 1 and Type 2 waters, and in coastal wetlands designated for preservation or restoration, shall be considered Category B applications (see Section 300.1). Wetland walkover structures in Type 3, 4, 5, and 6 waters shall be considered Category A* applications.

E.  Prohibitions

1. Activities including but not limited to attached decks, docks, observation platforms, floats, or other similar structures are prohibited on or adjacent to wetland walkover structures.

2. Wetland walkover structures are prohibited in Type 1 waters. Wetland walkover structures are prohibited in and Type 2 waters where there are (a) wetlands having 10 acres or more of unfragmented salt marsh habitat in total area; (b) wetlands determined to have high fish and wildlife habitat value based on staff review; and/or (c) wetlands which provide high scenic value as determined by the Council.  Wetland walkover structures greater than 100 feet in length are prohibited.

3. Wetland walkover structures are prohibited from crossing any salt marsh pools, tidal creeks or pannes, open waters of coastal ponds, or any other open tidal or nontidal  waters, excluding freshwater streams, rivers, and salt marsh mosquito ditches.  This prohibition shall not apply to new wetland walkover structures in those areas where there are pre-existing wetland walkover structures in close proximity and such structures provide the only reasonable method to provide access to one’s property and all reasonable attempts have been made to seek alternative access opportunities and minimize environmental impacts.

4. Wetland walkover structures are prohibited over wetlands contained within wildlife refuges, state management areas, and other public properties, unless the structure is to be used by the public and is determined by the Council to have no significant environmental impact.