Section Env-Wq 1004.04 - Processing of Encroachment Waiver Applications; Criteria(a) Upon receipt of an ISDS application containing one or more requests for encroachment waivers that does not contain the information required by RSA 485-A:30-a, the department shall return the application to the applicant or applicant's agent, as applicable, with an explanation of why the application is being returned.(b) 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.(c) In determining whether an unnecessary hardship would result pursuant to (b)(3) above, the department shall apply those considerations applicable to decisions of a zoning board of adjustment under RSA 674:33.(d) 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 1001.03.(e) Upon finding that an application containing a request for one or more encroachment waivers meets the requirements of these rules for approval, the department shall notify the applicant that the department will issue the construction approval upon receipt by the department of a copy of the recorded notice as required by RSA 485-A:30-a.N.H. Code Admin. R. Env-Wq 1004.04
(See Revision Note at chapter heading for Env-Wq 1000) #9086, eff 2-9-08
Amended by Volume XXXVI Number 41, Filed October 13, 2016, Proposed by #11184, Effective 10/1/2016, Expires 10/1/2026.