Section Env-Wt 311.12 - After-the-Fact Applications(a) In addition to a complete application package as specified in Env-Wt 311.03, an after-the-fact application shall include the following: (1) A current conditions plan that clearly identifies all disturbances and construction performed without a permit, delineated as specified in chapter 5 of the US ACE Regional Supplement, available as noted in Appendix B;(2) Copies of aerial photographs and other information to document the basis for the delineation;(3) A restoration plan for all impacted jurisdictional areas to be restored, prepared by a licensed professional, with a wetland delineation stamped by a certified wetland scientist;(4) A monitoring plan designed to ensure that the restoration is successful; and(5) An explanation as to why work was performed prior to having a permit.(b) Applications received after work is completed shall be subjected to the same technical review and criteria as any other standard application.(c) The department's acceptance of an after-the-fact application shall not in any way preclude or limit the exercise of any enforcement authority conferred by law on the department, the attorney general, or any other federal, state, or local authority.(d) Subject to (e), below, the department shall process an after-the-fact application in accordance with Env-Wt 312 within 50 days of receiving an administratively complete after-the-fact application, including necessary attachments, for a project having less than one acre of impact and within 75 days for larger projects.(e) The time limits in (d), above, shall not apply if:(1) The project is the subject of an ongoing enforcement investigation, enforcement action, or department of justice case, in which case the timeframe of the ongoing action shall take precedence; or(2) The application requires additional information or requires the department to perform a field inspection of the project, in which case the department shall make its decision on the application within 60 days of the receipt of the additional information or completion of the field inspection, as applicable.N.H. Code Admin. R. Env-Wt 311.12
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 46, Filed November 12, 2020, Proposed by #13124, Effective 10/23/2020, Expires 10/23/2030.