Section Env-Wt 308.01 - Activities Exempted By Statute from Permit Requirement A permit under RSA 482-A shall not be required prior to undertaking any of the following activities in any jurisdictional area:
(a) As specified in RSA 482-A:3, IV(a) and as clarified in Env-Wt 308.02(a) and (b), the replacement or repair of existing structures in or adjacent to any waters of the state that does not involve excavation, removal, filling, or dredging in any waters or of any bank, flat, marsh, or swamp;(b) As specified in RSA 482-A:3, IV(b) and subject to the conditions listed in Env-Wt 308.02(c), the maintenance, repair, replacement, or modification so as to preserve usefulness of: (1) Man-made non-tidal drainage ditches;(2) Roadside and railroad ditches;(3) Detention basins, ponds, and wetlands that have been legally constructed to collect, convey, treat, or control storm water and spring run-off;(4) Legally constructed ponds on active farms;(5) Erosional features caused by proximate human activity;(6) Fire ponds and intake areas of dry hydrants that have been legally constructed to provide water for municipal firefighting purposes as approved by a local fire chief; and(7) Aggregate wash ponds, sluiceways, and other legally constructed man-made water conveyance systems that are used for the commercial or industrial purpose of collecting, conveying, storing, and recycling water;(c) As specified in RSA 482-A:3, IV(c), the cleaning of legally constructed culverts as necessary to preserve their usefulness, provided: (1) The conditions stated in Env-Wt 308.02(c) are met; and(2) Any repair, replacement, or modification of a culvert is in accordance with RSA 482-A:3, XVI, reprinted in Appendix D;(d) As specified in RSA 482-A:3, VII and as clarified in Env-Wt 308.02(d), the removal of sand that has blown or drifted onto any lawn, driveway, walkway, parking or storage area, or boat ramp, or that has blown or drifted in, on, or around buildings or other structures owned by the person;(e) As provided in the definition of "structure" in RSA 482-A:2, IX, the construction or installation of a bench, a landing with dimensions no larger than 10 feet wide by 10 feet long, or stairs with a width not exceeding 6 feet, provided that: (1) The construction or installation is done without regrading or recontouring the shoreline; and(2) No portion of the bench, landing, or stairs is over water;(f) As provided in RSA 482-A:3, XI(b), activities associated with the manual search for minerals in a river bed by panning, without the use of motorized equipment, provided that any person who intends to engage in any panning activity obtains prior written permission to engage in such activity from the riverbed landowner on whose property the activity is to be conducted, as required by RSA 482-A:3, XI(f); and(g) As provided in RSA 210:9, II, the destruction or removal of a beaver dam or the installation of beaver pipes or beaver fences as defined in RSA 210:9, II-a by a landowner, the landowner's agent, or any town or municipal or state official or employee on property under that person's control to protect property, public highways, or bridges from damage or submersion, subject to the following conditions: (1) Removal of the dam shall be done in a gradual manner such that it does not allow a sudden release of impounded water so as to cause erosion, siltation, or a safety hazard downstream;(2) No machinery shall enter the water or otherwise create any disturbance by filling or dredging in or adjacent to surface waters, wetlands, or the banks thereof; and(3) All dredged materials shall be placed out of jurisdictional areas.N.H. Code Admin. R. Env-Wt 308.01
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12803, Effective 12/15/2019, Expires 12/15/2029.