Section Env-Wt 204.06 - Criteria for Waivers under RSA 482-A:26, III(b)The department shall grant a waiver under RSA 482-A:26, III(b) if:
(a) The waiver will not result in: (1) An avoidable adverse impact on the environment or natural resources of the state, public health, or public safety;(2) Any interference with the public trust in waters held by the state; or(3) An adverse impact on abutting properties that is more significant than that which would result from complying with the rule; and(b) The following criteria from RSA 482-A:26, III(b) are met: (1) The effect of the requested repair or reconstruction represents greater protection of public water or the environment;(2) Such repair or reconstruction does not change a recreational, water-based activity to a land-based, residential or commercial activity;(3) There will be no expansion of the existing footprint, outside dimensions, or square footage of floor space; and (4) There will be a net reduction in the total square footage of kitchen, bathroom, shower, and toilet facilities.N.H. Code Admin. R. Env-Wt 204.06
#2271, eff 1-10-83; ss by #2924, eff 12-11-84; ss by #4352, eff 1-4-88; ss by #5028, eff 12-20-90; rpld by #6404, INTERIM, eff 12-21-96
New. #6498-B, eff 4-23-97 (formerly Env-Wt 205.06 ), EXPIRED: 4-23-05
New. #8341, eff 4-25-05 (See Revision Note at chapter heading for Env-Wt 200); ss by #10366-B, eff 6-26-13 (from Env-Wt 204.04 )
Amended by Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12802, Effective 12/15/2019.