C. The municipality may establish the conditions and limits on the lease; and

D. The advice and consent of the advisory council shall not be required.

2-A.__Decision.__In evaluating a proposed municipal shellfish aquaculture permit, a municipal officer shall take into consideration the number and density of permits and leases in the area and may issue the permit if the municipal officer finds the proposed project meets the following criteria.

A.__The permit conforms to the municipality's shellfish conservation program.

B.__The permit will not cause the total area under the permit to exceed 1/4 of the entire municipal intertidal zone that is open to the taking of shellfish.

C.__Issuing the permit is in the best interests of the municipality.

D.__The permit will not unreasonably interfere with ingress and egress of riparian owners.

E.__The permit will not unreasonably interfere with navigation.

F.__The permit will not unreasonably interfere with fishing or other uses of the area.__For purposes of this paragraph, "fishing" includes public access to a redeemable shellfish resource, as defined by the department, for the purpose of harvesting, provided that the resource is commercially significant and is subject to a pollution abatement plan that predates the permit application, that includes verifiable activities in the process of implementation and that is reasonably expected to result in the opening of the area to the taking of shellfish within 3 years.

G.__The permit will not unreasonably interfere with significant wildlife habitat and marine habitat or with the ability of the site affected by the permit and surrounding marine and upland areas to support existing ecologically significant flora and fauna.