N.H. Code Admin. R. Env-Wq 1406.03

Current through Register No. 25, June 20, 2024

Section Env-Wq 1406.03 - Exemption for Vested Rights

(a) Subject to (e), below, activities in the protected shoreland shall not require a permit under RSA 483-B:5-b if the property owner or developer can demonstrate to the department's satisfaction, pursuant to (b) or (c), below, that the property owner or developer has incurred substantial liabilities in a reasonable, good faith reliance on the absence of a controlling law or regulation, sometimes called vested rights.

(b) The department shall deem any of the following to be proof that the property owner or developer has vested rights:

(1) The activities are specifically identified in an application that has been the subject of notice by a planning board pursuant to RSA 676:4, I(d) or the zoning board of adjustment prior to July 1, 2007, regardless of whether an approval has yet been issued, provided that such application is ultimately approved by the municipal board(s) having authority over the activities covered by the application;

(2) The activities are specifically identified in a detailed plan or narrative description submitted with a building permit application submitted to a municipality prior to January 1, 2008, provided that such application is ultimately approved by the municipal board(s) or official having authority over building permits;

(3) A concrete foundation for the primary structure was installed between April 1, 2007 and July 1, 2008;

(4) The activities are specifically identified in a variance or redevelopment waiver issued by the department prior to July 1, 2008 pursuant to RSA 483-B, unless the approval specifically requires the permittee to obtain a permit pursuant to this section if work was not commenced prior to July 1, 2008; or

(5) The activities were specifically approved in a permit issued pursuant to RSA 485-A:17 prior to July 1, 2008, unless the approval specifically requires the permittee to obtain a permit pursuant to this section if work was not commenced prior to July 1, 2008.

(c) A property owner or developer who is not able to show any of the conditions listed in (b)(1)-(5) may submit other evidence to demonstrate that the property owner or developer has otherwise incurred substantial liabilities and that such liabilities:

(1) Resulted from a reasonable, good faith reliance on the absence of a controlling law or regulation; and

(2) Are related to the provision of RSA 483-B from which the property owner or developer is seeking relief.

(d) A property owner claiming vested rights shall provide the following to the department in writing:

(1) The name and mailing address of the property owner;

(2) The name, mailing address, and daytime telephone number and, if available, an e-mail address, of an individual authorized to act on behalf of the property owner with whom the department can discuss the proposed project;

(3) The physical address of the proposed project site, if different from the property owner's mailing address;

(4) The name of the surface water that causes the property to be subject to RSA 483-B;

(5) If the exemption is claimed under (b)(1), above, proof that the notice was issued;

(6) If the exemption is claimed under (b)(2), above, a copy of the detailed plan or narrative description submitted with the building permit application;

(7) If the exemption is claimed under (b)(3), above, proof that the foundation has been installed, such as dated photographs or a bill for the foundation showing the date of installation; and

(8) If the exemption is claimed under (c), above, the following information:

a. A budget showing the total estimated cost of the project;

b. A narrative describing the full scope of the project, including all work expected to be done on the property within a 5-year period;

c. How much of the total estimated cost had been incurred prior to July 1, 2007 and how much of the total estimated cost had been incurred prior to July 1, 2008;

d. How much of the total scope of the project had been completed prior to July 1, 2007 and how much of the total scope of the project had been completed prior to July 1, 2008;

e. What revisions would be required to redesign the project to reflect the standards enacted to be effective July 1, 2008;

f. The cost of the revisions that would be needed; and

g. The relationship of the revisions to the full scope of the project as originally envisioned.

(e) An exemption shall not be available under (a), above, if:

(1) The applicant proposes changes to the activities from those that would otherwise be exempt under (a), above, and such changes would increase impacts in the natural woodland buffer established by RSA 483-B:9, V(b)(1); or

(2) The applicable permit, approval, variance, or redevelopment waiver expires or otherwise lapses prior to work commencing, or is revoked for cause by the issuing authority.

N.H. Code Admin. R. Env-Wq 1406.03

(See Revision Note at chapter heading for Env-Wq 1400) #9188, eff 7-1-08

Amended by Volume XXXVII Number 2, Filed January 12, 2017, Proposed by #12062, Effective 12/17/2016, Expires 12/17/2026.