Section Env-Dw 902.05 - Waivers(a) Any person whose activities in a given watershed are restricted by these rules and who wishes to request a waiver of the rule(s) that impose(s) the restriction(s) shall make such request in accordance with this section.(b) The person requesting a waiver shall: (1) Compile the information specified in (d), below, in a written document;(2) Sign and date the document;(3) If the requestor does not own the affected property, obtain the dated signature of each property owner as identified pursuant to (d)(2), below;(4) Submit the original signed document to the department; and(5) Send a copy of the signed document to the affected water supplier and to each municipality in which the affected property is located.(c) The signature(s) of the applicant and the affected land owner(s), if any, shall constitute certification that the information provided is true, complete, and not misleading to the knowledge and belief of the signor.(d) Each request for a waiver shall include the following information: (1) The name, mailing address, and daytime telephone number of the person making the request and, if available, an email address and fax number;(2) If the person making the request is not the owner of the property, the name and mailing address, and daytime telephone number of each landowner and, if available, an email address and fax number;(3) A description of the affected property, including town, street address, and tax map and lot number;(4) A specific reference to the section and paragraph within the section for which a waiver is being sought;(5) A full explanation of why a waiver is being requested, including an explanation of the practical and economic consequences to the person of complying with the rule as written;(6) Whether the need for the waiver is temporary or permanent and, if temporary, the amount of time the waiver is needed;(7) If the requestor is proposing an alternative measure, a full explanation of the alternatives that will be implemented if the waiver is granted, with backup supporting data; and(8) A full explanation of how the waiver request meets the criteria specified in (h), below.(e) Upon receipt of a waiver request, the department shall inform the affected water supplier and the municipality in which the property is located of the opportunity to submit data, views, or comments regarding the waiver request in accordance with RSA 541-A:39.(f) If requested by the affected water supplier or municipality, the department shall conduct a public hearing regarding the waiver request prior to making a decision on the request.(g) Any public hearing held pursuant to (f) above, shall be conducted: (1) In a location within the watershed that would be affected by a determination or, if there is not a suitable location within the watershed, in a location that is near the watershed; and(2) In accordance with the provisions of Env-C 200 that apply to non-adjudicative proceedings.(h) The department shall grant a waiver if it determines that:(1) The activity will be undertaken in a way that will provide equivalent or better protection to the protected surface water; or(2) The affected water supplier does not object to the request and the intent of RSA 485:24 and RSA 485:25 will still be met.(i) The department shall send its written decision on a waiver request to the requestor, each property owner identified pursuant to (d)(2) above, each municipality in which the property is located, and the affected water supplier.(j) If the waiver request is denied, the department shall specify the reason(s) for the denial in its written decision.(k) If a waiver is granted, the department shall:(1) Attach such conditions to the waiver as are necessary to ensure that the criteria specified in (h) above, are met; and(2) Specify the expiration date of the waiver, if a temporary waiver was requested.(l) Any waiver granted shall be transferable with the affected property until the stated expiration date of the waiver, if any.N.H. Code Admin. R. Env-Dw 902.05
(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14
Amended by Volume XLI Number 45, Filed November 10, 2021, Proposed by #13286, Effective 10/26/2021, Expires 10/26/2031