Section Env-Wq 1003.19 - Encroachment Waiver Criteria(a) The department shall not grant a request for an encroachment waiver if the owner of the property on which the waiver would encroach objects to the waiver, unless denial of the waiver would result in the following: (1) Where no structure had previously been constructed on the property, the owner of the property for which the waiver is sought would be entirely precluded from developing the property as a result of the denial;(2) Where a structure on the property has had a pre-existing use, the owner of the property for which the waiver is sought would be precluded from continuing the pre-existing use except by installing a holding tank; or(3) Regardless of any pre-existing use of the property, denial of the waiver would result in unnecessary hardship to the owner due to special characteristics of the property.(b) In determining whether an unnecessary hardship would result pursuant to (a)(3) above, the department shall apply those considerations applicable to decisions of a zoning board of adjustment under RSA 674:33.(c) The department shall not automatically grant a request for an encroachment waiver if the owner of the property affected by the encroachment agrees to the encroachment, but shall proceed to review the waiver request in accordance with the criteria of Env-Wq 1001.02.N.H. Admin. Code § Env-Wq 1003.19
(See Revision Note at chapter heading for Env-Wq 1000) #9086, eff 2-9-08
The amended version of this section by New Hampshire Register Volume 36, Number 41, eff.10/1/2016 is not yet available.