Section Env-Wt 312.04 - Complete Mitigation Proposal Components The applicant shall provide the following information in order for a compensatory mitigation proposal to be deemed an administratively complete mitigation proposal:
(a) An explanation supporting the type of mitigation proposed pursuant to Env-Wt 801.03;(b) Where preservation of an upland buffer is being proposed, information showing that the proposal meets the criteria specified in Env-Wt 804 together with the following: (1) A baseline documentation report that describes current property conditions and includes color photographs that have been taken in the absence of snow cover that clearly and accurately show the nature and condition of the buffer area;(2) A copy of the proposed conservation easement language or language noting conveyance of fee simple ownership which protects the conservation values in perpetuity, in accordance with Env-Wt 808.14;(3) A surveyed plan, in accordance with Env-Wt 808.11, showing the location of the proposed conservation area boundaries; and(4) A statement from the landowner or prospective seller that it is willing to transfer the property, and proposed grantee indicating that the proposed grantee will accept the easement or fee simple deed;(c) For any proposal calling for a transfer of easements or fee simple ownership, documentation showing that the proposed grantee is one of the following: (1) A state natural resource agency such as NHF&G or NH DNCR;(2) A municipality with a conservation commission in the town where the property is located;(3) A conservation organization such as a state-wide, regional, or local conservation organization that can provide documentation from the United States Internal Revenue Service stating that it is an income tax-exempt, publicly supported corporation, pursuant to 501(c)(3) of the United States Internal Revenue Code; or(4) A local river management advisory committee as established by RSA 483:8-a, authorized to accept and expend funds under RSA 483:13, that has tax exempt status pursuant to US Internal Revenue Code Section 170(a)(1);(d) For any proposal calling for a transfer of easements or fee simple ownership to a conservation organization, documentation such as minutes of the meeting at which the standards and practices were adopted showing that the conservation organization has: (1) Accepted the Land Trust Alliance (LTA) standards and practices as specified in the "Land Trust Standards and Practices: Ethical and Technical Guidelines for the Responsible Operation of a Land Trust", published by the Land Trust Alliance, dated 2017, available as noted in Appendix B; or(2) A record of holding easements and managing them in a manner that is consistent with the purposes of the easements;(e) Where restoration, enhancement, or creation is being proposed as compensatory mitigation, information showing that the proposal meets the criteria specified in Env-Wt 805 or Env-Wt 806, as applicable, together with all required plans and proposals; and(f) If an applicant is proposing an in-lieu fee payment, the information required by Env-Wt 803 and a preliminary estimate of the in-lieu mitigation payment.N.H. Code Admin. R. Env-Wt 312.04
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 #12954, Effective 12/24/2019, Expires 12/24/2029.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.