Section Env-Wr 404.01 - Approval(a) Subject to (b) through (d), below, the department shall approve an application to construct or reconstruct a dam if: (1) The requirements of Env-Wr 402 and Env-Wr 403 have been met; and(2) Issuance of the permit is consistent with RSA 482:1 and any other applicable provisions of RSA 482.(b) If the proposed dam is a significant hazard or high hazard dam, the application shall not be approved until:(1) A final emergency action plan has been completed and approved in accordance with Env-Wr 505; and(2) The department has determined that the dam will serve a public benefit as required by RSA 482:9, V.(c) If the proposed dam is a new dam on a great pond, the application shall not be approved until the owner has been granted authority by the legislature to construct or reconstruct the dam.(d) If the dam is proposed under RSA 482:17, the application shall not be approved until the department has determined after holding a non-adjudicative hearing in accordance with the applicable provisions of Env-C 200 that it is in the public benefit to grant the permit pursuant to RSA 482:31.N.H. Code Admin. R. Env-Wr 404.01
#1716, eff 2-20-81; ss by #2207, eff 12-13-82; ss by #2900, eff 11-7-84, EXPIRED 11-7-90
New. #5080, eff 2-22-91; rpld by #6462-B, eff 2-21-97
New. #8414, eff 8-20-05; ss by #10510, eff 1-22-14