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c. With respect to category II and III wetlands, the following 

 provisions shall apply; 



1) For water-dependent activities, unavoidable and necessary 

 impacts can be demonstrated where there are no practicable 

 alternatives which would not involve a wetland or which would 

 not have less adverse impact an a wetland, and would not have 

 other significant adverse environmental consequences. 



2) Where nonwater-dependent activities are proposed, it shall 

 be presumed that adverse impacts are avoidable. This 

 presumption may be rebutted upon a demonstration that: 



A. the basic project purpose cannot reasonably be 

 accomplished utilizing one or more other sites in the 

 general region that would avoid, or result in less, 

 adverse impact on a regulated wetland; and 

 . B. a reduction in the size, scope, configuration, or 

 density of the project as proposed and all alternative 

 designs of the project as proposed that would avoid, or 

 result in less, adverse impact on a regulated wetland or 

 its buffer will not accomplish the basic purpose of the 

 project; and 



C. in cases where the applicant has rejected alternatives 

 to the project as proposed due to constraints such as 

 zoning, deficiencies of infrastructure, or parcel size, 

 the applicant has made reasonable attempt to remove or 

 accommodate such constraints. 



d. With respect to category IV wetlands, unavoidable and 

 necessary impacts can be demonstrated where the proposed 

 activity is the only reasonable alternative which will 

 accomplish the applicant's objectives. 



e. Reasonable Use 



If an applicant for a development proposal demonstrates to the 

 satisfaction of the [Approval Authority] that application of 

 these standards would deny all reasonable economic use of the 

 property, development as conditioned shall be allowed if the 

 applicant also demonstrates all of the following to the 

 satisfaction of the [Approval Authority) : 



i. that the proposed project is water-dependent or 

 requires access to the wetland as a central element of 

 its basic function, or is not water-dependent but has no 

 practicable alternative pursuant to Section 7.2; 



ii. that no reasonable use with less impact on the 

 wetland and its buffer is possible (e.g., agriculture, 

 aquaculture, transfer or sale of development rights or 

 credits, sale of open Space easements, etc.); 



iii. that there is no feasible on-site alternative to 

 the proposed activities, including reduction in density, 

 phasing of project implementation, change in timing of 



