Section Env-Wt 306.05 - Required Planning For All Projects(a) In order to determine the appropriate impact classification of a project and the type of approval required, if any, the person responsible for a proposed project shall: (1) Have all wetlands delineated and classified by a certified wetland scientist unless: a. The project is conditionally exempt under Env-Wt 309.02; orb. The project is exempt from delineation requirements under Env-Wt 406.03;(2) Determine whether the subject property is or contains a priority resource area, by determining whether the subject property:a. Contains any documented occurrences of protected species or habitat for such species, using the Data Check tool at;c. Is a floodplain wetland contiguous to a tier 3 or higher watercourse;d. Is a designated prime wetlands or a duly-established 100-foot buffer; ore. Is a sand dune, tidal wetland, tidal water, or undeveloped tidal buffer zone;(3) For projects that are subject to Env-Wt 600, conduct the data screening required by Env-Wt 603.03;(4) Also determine whether the subject property:a. Is within LAC jurisdiction, unless the project will be conducted pursuant to a notification for minimum impact activities under RSA 482-A:3, V, RSA 482-A:3, XII, or RSA 482-A:3, XVI on land used for agricultural purposes as provided in RSA 483:12-a; orb. Is within or contains any areas that are subject to time of year restrictions under Env-Wt 307;(5) For stream crossing projects, also determine the size of the watershed;(6) For dredge projects, also determine whether the subject property is contaminated; and(7) For projects for which a standard permit will be sought, also determine whether the project has potential to impact impaired waters, class A waters, or outstanding resource waters.(b) Unless otherwise specified, the determinations required by (a), above, may be made using: (2) Any other database or source that provides the requisite information.N.H. Code Admin. R. Env-Wt 306.05
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12803, Effective 12/15/2019, Expires 12/15/2029 (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wt 300).Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12956, EMERGENCY RULE, Effective 12/23/2019, Expires 6/20/2020.Amended by Volume XI Number 24, Filed June 11, 2020, Proposed by #13046, Effective 6/2/2020, Expires 6/2/2030.Amended by Volume XL Number 46, Filed November 12, 2020, Proposed by #13124, Effective 10/23/2020, Expires 10/23/2030.Amended by Number 45, Filed November 9, 2023, Proposed by #13777, Effective 10/13/2023, Expires 10/13/2033.