Section Env-Dw 1002.03 - Part-Specific Definitions(a) "Active" means being subject to RSA 485, the NH Safe Drinking Water Act.(b) "Applicant" means an entity that is applying for a water supply land protection grant under this program and that is:(2) A nonprofit organization exempt from taxation under §501(c)(3) of the Internal Revenue Code that has public water supply or land conservation as its principal mission.(c) "Contamination" means "contamination" as defined in Env-Or 602, as reprinted in Appendix B.(d) "Conservation easement" means a legally-enforceable agreement between a land owner and a person who holds the conservation easement, such as a land trust or governmental agency, that permanently restricts the uses of the land to which it applies in order to protect the land's conservation values.(e) "Conservation interest" means: (1) The fee simple ownership of a parcel of land where the land is to be protected from development in perpetuity; or(2) A conservation easement.(f) "Future source of public drinking water supply" means "future source of public drinking water supply" as defined in RSA 486-A:2, IV-a, as reprinted in Appendix B.(g) "Grantee" means "water supply land protection grantee" as defined in RSA 486-A:2, VIII, as reprinted in Appendix B.(h) "Grant property" means: (1) Fee ownership of a parcel of land, or portion thereof, that will be acquired using grant funds and protected from development in perpetuity; or(2) An interest in land that will protect the land from development in perpetuity, such as a conservation easement, that is to be acquired using grant funds.(i) "Match property" means:(1) Fee ownership of a parcel of land, or portion thereof, that is to be protected from development in perpetuity as part of the match requirements specified in Env-Dw 1002.07; or(2) An interest in land, such as a conservation easement, that will be used to meet the match requirements specified in Env-Dw 1002.07.(j) "Municipality" means a city, town, village district, or precinct.(k) "Potential contamination source" means a potential contamination source as described in RSA 485-C:7, I, as reprinted in Appendix C, that is known to the applicant, visible during an on-site inspection, or identified by the department's geographic information system and verified by on-site inspection, except that for purposes of this part, the term does not include agricultural activities that are conducted in accordance with the "Manual of Best Management Practices (BMPs) for Agriculture in New Hampshire" published by the New Hampshire department of agriculture, markets, and food, revised July 2017, available at https://www.agriculture.nh.gov/publications-forms/documents/bmp-manual.pdf.(l) "Proposed source" means a proposed well or surface water intake for which a community or non-transient non-community water system has received all required approvals from the department.(m) "Riparian frontage" means the extent of the frontage of land along a surface water that is: (1) Depicted in the high resolution National Hydrography Data set (NHD) maintained by the New Hampshire geological survey at 1:24,000-scale or better as lake/pond, stream/river, swamp/marsh, canal/ditch, connector, or reservoir, and that drains to the water supply source via surface flow; or(2) A perennial stream that has continuous flow during years of normal rainfall and that drains to the water supply source via surface flow.(n) "Source" means groundwater or surface water that contributes water to a well or surface water intake. (o) "Source water protection area" means "source water protection area" as defined in RSA 486-A:2, VI, as reprinted in Appendix B.(p) "Stewardship" means "stewardship" as defined in RSA 486-A:2, VII, as reprinted in Appendix B.(r) "Transaction costs" means the costs attributable to activities associated with completing a purchase of land or of placing a conservation easement on land, including but not limited to: (1) Completing a land appraisal, land survey, baseline documentation report, title examination, environmental site assessment, stewardship plan, or any combination thereof;(2) Legal fees, recording fees, other closing costs, or any combination thereof; and (3) Providing financial support for the stewardship of the conservation interest created by the document required by Env-Dw 1002.24, which can include paid staff time.(s) "Undeveloped" means forest, farm, or other land that: (1) Has not been converted into a housing, commercial, or industrial building site; and (2) Contains no structures or alterations that would jeopardize water quality.N.H. Code Admin. R. Env-Dw 1002.03
(See Revision Note at part heading for Env-Dw 1002) #9490, eff 6-23-09; amd by #9932, eff 5-27-11; ss by #12441, eff 1-1-18
Amended by Volume XXXVIII Number 02, Filed January 11, 2018, Proposed by #12441, Effective 1/1/2018, Expires 1/1/2028.