Section Env-Ws 386.04 - Waivers(a) Any person may request a waiver of a prohibition in any givenwatershed.(b) Each request for a waiver shall: (1) Be submitted to the department in writing;(2) Be signed by the applicant and by the owner of the affected property, if different from the applicant; and(3) Contain the information specified in (d), below.(c) The signatures of the applicant and the affected land owner(s), if any, shall constitute a certification that the information provided is true, complete, and not misleading.(d) Each request for a waiver shall include the following information:(1) A description of the affected property, including town, street address, and tax map and lot number;(2) A specific reference to the section and paragraph within the section for which a waiver is being sought;(3) A full explanation of why a waiver is necessary and demonstration of hardship caused if the rule is adhered to;(4) A full explanation of the alternatives that will be implemented if the waiver is granted, with backup supporting data; and(5) A full explanation of how the granting of the waiver is consistent with the intent of RSA 485:23 and RSA 485:24 and would have a just result.(e) Upon receipt of a waiver request, the department shall inform the municipality in which the property is located and the affected water supplier in accordance with RSA 541-A:39.(f) The department shall grant a request for waiver upon finding that:(1) The proposal shall be at least equivalent to the specific requirement contained in the rule;(2) If the proposal was not equivalent to the requirement contained in the rule, it shall be adequate to ensure that the intent of RSA 485:24 and RSA 485:25 is met; or(3) Denial of the waiver request would result in loss of all economically beneficial or productive use of an existing property.(g) The department shall attach conditions to the approval of a waiver if such conditions are necessary to ensure that the intent of RSA 485:23 and RSA 485:24 is met to the greatest extent possible.(h) A written decision on a waiver request shall be sent to the applicant, the property owner, if other than the applicant, the municipality in which the property is located, and the affected water supplier. If the request is denied, the decision shall state the reason(s) for the denial.(i) If a waiver is granted, it shall be transferable with the affected property until the stated expiration date of the waiver, if any.N.H. Code Admin. R. Env-Ws 386.04
#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300); ss by #8360, INTERIM, eff 6-4-05, EXPIRED: 12-1-05; ss by #8500, eff 11-30-05