Section Env-Wt 312.06 - Permits by Default(a) As stated in RSA 482-A:3, XIV(b)(1), "[i]f the department fails to act within the applicable time frame established in subparagraphs (a)(3), (a)(4), and (a)(5), the applicant may ask the department to issue the permit by submitting a written request. If the applicant has previously agreed to accept communications from the department by electronic means, a request submitted electronically by the applicant shall constitute a written request."(b) As provided in RSA 482-A:3, XIV(b)(2), within 14 days of the date of receipt of a written request from the applicant to issue the permit, the department shall: (1) Approve the application, in whole or in part, and issue a permit; or(2) Deny the application and issue written findings in support of the denial.(c) As provided in RSA 482-A:3, XIV(b)(3), if the department does not issue either a permit or a written denial within the 14-day period, the applicant shall be deemed to have a permit by default and may proceed with the project as presented in the application.(d) As provided in RSA 482-A:3, XIV(b)(3), a permit by default shall not relieve the applicant of complying with all requirements applicable to the project, including but not limited to requirements established in or under RSA 482-A, RSA 485-A relating to water quality, and federal requirements.(e) As provided in RSA 482-A:3, XIV(b)(4), upon receipt of a written request from an applicant, the department shall issue written confirmation that the applicant has a permit by default pursuant to RSA 482-A:3, XIV(b)(3), which authorizes the applicant to proceed with the project as presented in the application and requires the work to comply with all requirements applicable to the project, including but not limited to requirements established in or under RSA 482-A and RSA 485-A relating to water quality, and federal requirements.N.H. Code Admin. R. Env-Wt 312.06
Derived from Volume XL Number 46, Filed November 12, 2020, Proposed by #13124, Effective 10/23/2020, Expires 10/23/2030.