Section Env-Wq 1412.05 - Plan Approval CriteriaThe department shall approve a restoration plan that meets the following criteria:
(a) Subject to (c), below, replacement plants shall consist of the native species that are as close as possible to the species present prior to vegetation removal and may be chosen from the DES Native Shoreland/Riparian Buffer Plantings for New Hampshire included in and available as noted in Appendix D to these rules;(b) Subject to (c), below, replacement plants shall have spatial and compositional diversity that replicates the previously existing waterfront buffer or natural woodland buffer;(c) No species listed on the New Hampshire prohibited invasive species list developed pursuant to RSA 430:53, III or the New Hampshire restricted invasive species list developed pursuant to RSA 430:53, IV shall be planted, even if such species existed on the property prior to the property being cleared;(d) Within the waterfront buffer, replacement vegetation and ground cover shall be based on the trees, saplings, and ground cover that existed before removal. If the quantity and type of removed vegetation cannot be determined, the area shall be planted with native trees, saplings, or natural ground cover in sufficient quantity, type, and location either to meet the minimum score per RSA 483-B:9, V(a)(2)(D) or to provide at least an equivalent level of protection as would be afforded by native trees, saplings, and natural ground cover that met the minimum score;(e) Replacement trees shall be placed at least 5 feet apart on center;(f) No changes to surface drainage shall be made unless a sediment and erosion control plan that meets the requirements specified in Env-Wq 1500 is submitted with the restoration plan; and(g) The requirements of Env-Wq 1412.04 shall be met.N.H. Admin. Code § Env-Wq 1412.05
(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.