Section Env-Wt 204.05 - Criteria for Waivers to Rules(a) The department shall grant a waiver to a requirement established in subtitle Env-Wt that will not extend the duration of a wetlands permit only if: (1) Granting a waiver will not result in: a. An avoidable adverse impact on: 1. The environment or natural resources of the state, including but not limited to jurisdictional areas and protected species or habitat; or2. Public health or public safety;b. An impact on abutting properties that is more significant than that which would result from complying with the rule; orc. A statutory requirement being waived; and(2) Any benefit to the public or the environment from complying with the rule is outweighed by the operational or economic costs to the applicant. (b) The department shall grant a waiver that has the effect of extending the duration of a wetlands permit that does not qualify for the statutory extension under RSA 482-A:3, XIV-a only if: (1) The permit holder: a. Was precluded from proceeding under the permit due to actions taken by persons opposed to the project; orb. Rationally refrained from proceeding under the permit due to reasonable uncertainties surrounding the project's legal viability, which shall not include uncertainties regarding the project's financial viability;(2) If other permits are required for the project, at least one other permit already has a duration that extends beyond the expiration of the wetlands permit or, if the other permit expires concurrently or prior to the wetlands permit, the permit holder reasonably anticipates that an extension will be obtained; and(3) Extending the permit will not result in:a. Adverse impacts on public health or safety, or the environment or natural resources of the state, that would be greater than those accounted for in the permit that was issued; orb. Adverse impacts on abutting properties that is more significant than that which would have resulted if the project had been initiated in time to be completed during the permit term.N.H. Code Admin. R. Env-Wt 204.05
#6498-B, eff 4-23-97, EXPIRED: 4-23-05
New. #8341, eff 4-25-05 (See Revision Note at chapter heading for Env-Wt 200); ss by #10366-A, eff 6-26-13
Amended by Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12802, Effective 12/15/2019.