N.H. Code Admin. R. Env-Wq 1406.04

Current through Register No. 25, June 20, 2024

Section Env-Wq 1406.04 - Activities in Protected Shoreland That Do Not Require a Shoreland Permit

(a) A person shall not be required to obtain a permit under RSA 483-B:5-b, I(a) prior to undertaking any activity listed in (c) or (d), below, in the protected shoreland, provided that the activity is conducted in accordance with the conditions noted.

(b) In any enforcement action against a property owner or contractor for actions arguably covered by (a), above, the burden of proving that the exemption applies shall be on the property owner or contractor, as applicable.

(c) Activities exempt pursuant to (a), above, because the activity does not constitute construction, excavation, or filling shall be as follows:

(1) Trimming, pruning, and thinning of branches to the extent necessary to protect structures, maintain clearances, and provide views, as allowed by RSA 483-B:9, V(a)(2)(D)(vi);

(2) Removal of trees, limbs, saplings, or shrubs in accordance with Env-Wq 1403.04 or removal of trees or saplings in accordance with Env-Wq 1403.05;

(3) Maintenance, repair, or modification of an existing, legal, primary structure that does not:

a. Alter the footprint or impervious area of the structure;

b. Require, or result in, the alteration of previously unaltered areas;

c. Result in an increase in loading to an onsite sewage disposal system; or

d. Require, or result in, any excavation or filling within the protected shoreland;

(4) Maintenance, repair, or modification of an existing, legal, accessory structure that does not:

a. Alter the footprint or impervious area of the structure;

b. Require, or result in, the alteration of previously unaltered areas;

c. Result in an increase in loading to an onsite sewage disposal system;

d. Require, or result in any excavation or filling within the protected shoreland; or

e. Exceed the criteria of Part Env-Wq 1405, if it is located within the waterfront buffer;

(5) Maintenance of a grandfathered or altered open area, such as by mowing a lawn, raking leaves or pine needles, or mulching landscaped areas;

(6) Hand-pulling or use of hand tools to remove invasive species or other noxious or harmful plants such as poison ivy, including root systems, provided that any area exceeding 10 square feet left without vegetation shall be subject to replanting with non-invasive, non-harmful species;

(7) Hand-removal or use of hand tools to remove rocks and stones beyond the 50-foot setback; and

(8) Placement or installation of readily removed items, such as picnic tables, lawn chairs and swing sets.

(d) Activities exempt pursuant to (a), above, because the activity constitutes de minimis construction, excavation, or filling shall be as follows:

(1) Use of hand-held tools, whether motorized or not, such as augers or tile spades, to install monitoring wells, piezometers, and flow meters, for:

a. Evaluating site conditions as necessary for the submittal of information required by a permit application under RSA 482-A relating to wetlands, RSA 485-A:29 relating to subdivisions or septic systems, or RSA 485-A:17 relating to alteration of terrain;

b. Educational or research purposes; or

c. Monitoring hydrology;

(2) Planting of non-invasive vegetation or maintenance of existing gardens within the allowable disturbed or altered area using hand-held tools;

(3) Placement of stepping stones, provided no root systems are removed to accommodate the placement;

(4) Construction or installation of a fence using hand-held tools;

(5) Digging test pits for the purposes of determining suitability for wastewater disposal under RSA 485-A:29 relating to subdivisions or septic systems, provided:

a. There is no disruption of groundcover within 50 feet of the reference line; and

b. No test pits are dug within 75 feet of the reference line unless required in order to evaluate eligibility for replacement under Env-Wq 1003.10;

(6) Planting one or more trees within existing open areas more than 50 feet from the reference line using mechanized equipment;

(7) Replacing utility poles and guy wires using mechanized equipment, provided that appropriate siltation and erosion controls are used and all temporary impacts are restored;

(8) Replacement of a failed septic system, either in-kind as specified in Env-Wq 1003.10 or under a new approval, provided there is no increase in sewage loading from the structure(s) served by the system;

(9) Placement of a single structure more than 50 feet from the reference line, provided that:

a. The footprint of the structure is less than 150 sq. ft.;

b. No excavation or filling using mechanized equipment will occur in conjunction with the construction or placement of the structure;

c. The structure will not be heated;

d. The structure will not have electricity or plumbing; and

e. The structure will not be used as living space for humans; and

(10) Activities required to abate an imminent threat to public safety or public health or to stabilize property during or immediately following an emergency, provided the procedures specified in Env-Wq 1407 are followed.

N.H. Code Admin. R. Env-Wq 1406.04

(See Revision Note at chapter heading for Env-Wq 1400) #9188, eff 7-1-08; amd by #9196, INTERIM, eff 7-1-08, EXPIRES: 12-28-08; ss 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.