Section Env-Wq 1403.05 - Removal of Trees or Saplings That Are Not Dead, Diseased, Or Unsafe(a) As provided in RSA 483-B:9, V(a)(2)(D)(iv), a property owner may remove, or may cause to have removed, trees or saplings from the waterfront buffer that are not dead, diseased, or unsafe if the sum of the scores of the remaining trees and saplings in that segment does not total less than allowed by RSA 483-B:9, V(a)(2)(D), subject to the conditions specified in (b) and (c), below.(b) The cutting and removal shall be conducted so as to:(1) Prevent damage to surrounding trees and saplings;(2) Minimize damage to ground cover;(3) Prevent soil erosion and sedimentation to the water body; and(4) Leave all stumps intact in accordance with RSA 483-B:9, V(a)(2)(B).(c) In any enforcement action against a property owner or contractor for removal of trees or saplings in violation of RSA 483-B, the burden of proving that the removal of trees or saplings pursuant to this section did not bring the sum of the scores of the remaining trees and saplings in that segment below that allowed by RSA 483-B:9, V(a)(2)(D) shall be on the property owner or contractor, as applicable.(d) Proof that the removal complied with RSA 483-B:9, V(a)(2)(D) shall include, but not be limited to, the following:(1) Photographs of the property which clearly show the trees or saplings; and(2) A sketch of the property showing the location and point scores of the trees and saplings that will remain on the property.N.H. Code Admin. R. Env-Wq 1403.05
(See Revision Note at chapter heading for Env-Wq 1400) #9188, eff 7-1-08; amd by #9349, eff 12-20-08
Amended by Volume XXXVII Number 2, Filed January 12, 2017, Proposed by #12062, Effective 12/17/2016, Expires 12/17/2026.