Section Env-Wq 1409.02 - Decision on Waiver Request(a) The department shall approve a request for a waiver under RSA 483-B:9, V(i) that is not requested to accommodate the reasonable needs of an individual or individuals with disabilities upon finding that:(1) Strict compliance with the minimum standards of RSA 483-B:9, V will provide no material benefit to the public; and(2) Waiving the standard will have no material adverse effect on the environment or the natural resources of the state.(b) The department shall approve a request for a waiver under RSA 483-B:9, V(i) for a reasonable accommodation of needs of an individual or individuals with disabilities if:(1) The proposal is adequate to ensure that the intent of RSA 483-B is met; and(2) The statement submitted pursuant to Env-Wq 1409.01(c) is sufficient to demonstrate that the waiver is necessary to accommodate the individual's disability.(c) The department shall notify the applicant in writing of its decision in conjunction with the decision on the application for shoreland permit. If the request is denied, the department shall identify the specific reason(s) for the denial.N.H. Code Admin. R. Env-Wq 1409.02
(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.