Section Env-Wt 308.02 - Clarification of Statutory Exemptions(a) If a structure that will be repaired or replaced pursuant to RSA 482-A:3, IV(a) has a portion located below the water surface at time of such repair or replacement and the below-water portion will also be repaired or replaced, a permit shall be obtained prior to undertaking any work on the below-water portion.(b) If a permit is required by (a), above, the applicant shall submit, with the application for the permit, proof that the structure the applicant is proposing to repair or replace is an existing legal structure as defined in Env-Wt 102.(c) As specified in RSA 482-A:3, IV(b), the activities listed in Env-Wt 308.01(b), may be undertaken without a permit only if:(1) The exempted facility, area, or feature was not constructed as compensatory mitigation under a wetlands permit or as part of a settlement agreement;(2) The exempted facility, area, or feature is not extended into any jurisdictional area;(3) Dredged materials are deposited outside of all jurisdictional areas;(4) Wetlands or surface waters outside the limits of the exempted facility, area, or feature are not disturbed or degraded;(5) Best management practices are followed; and(6) The work does not infringe on the property rights or unreasonably affect the value or enjoyment of property of abutting owners;(d) Sand that has blown or drifted from a sand dune onto a lawn, driveway, walkway, parking area, storage area, or boat ramp, or that has blown or drifted into, onto, or around any structure may be removed by the owner without a permit pursuant to RSA 482-A:3, VII.(e) A structure shall qualify for a statutory exemption only if the structure:(1) Was legally constructed; and(2) Has been maintained so as to continue its intended use when originally constructed, and not abandoned or overgrown.(f) An erosional feature, such as a small erosion gully or rill, may be smoothed and filled and stabilized as necessary to protect water quality where adjacent to a developed area, provided that if the erosional feature is within the area approved to be impacted by a permit, the work shall comply with the approved plans and permit.(g) A legally-constructed ditch may be cleaned out and maintained to remove deposited silt or sediment, but shall not be lowered to drain or dewater adjacent wetlands or surface waters.(h) All exempt activities shall be conducted in accordance with all applicable BMPs and Env-Wt 307.03.(i) As provided in RSA 482-A:3, IV-a, the installation of a temporary seasonal dock on any lake or pond is exempt from permitting, provided that all requirements of RSA 482-A:3, IV-a are met, including the filing of notice to the department in the form of a completed Form NHDES-W-06-035, "Seasonal Dock Notification", as amended September 2023.(j) The repair of inland non-tidal docking structures duly registered in accordance with Env-Wt 1000 is exempt from permitting.N.H. Code Admin. R. Env-Wt 308.02
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12803, Effective 12/15/2019, Expires 12/15/2029.Amended by Number 45, Filed November 9, 2023, Proposed by #13777, Effective 10/13/2023, Expires 10/13/2033.