Section Env-Wt 313.04 - When Compensatory Mitigation is Required(a) Compensatory mitigation shall be required for all impacts to jurisdictional areas, unless there are no proposed permanent impacts to a PRA, and: (1) The total permanent project impacts to freshwater nontidal wetland is less than 10,000 SF;(2) The project is limited to the repair of docking structures, or the construction of docking structures, including accessory docking structures, that will result in an increased permanent footprint on the frontage of less than 2000 SF;(3) The total of new permanent bank and channel impacts is less that 200 linear feet as measured along the watercourse as described in Env-Wt 407.03(c);(4) The project is the construction of a pond that will impact less that 10,000 SF of non-tidal wetlands, or 20,000 SF of non-tidal wetlands for a proposed wildlife pond;(5) The project is the modification or replacement of a Tier 1 stream crossing that qualifies for an SPN or LSA, or is classified as minimum or minor projects;(6) The project is the modification or replacement of a Tier 2 stream crossing that meets the requirements of Env-Wt 904.07, is self-mitigating pursuant to Env-Wt 902.27, or is being repaired, rehabilitated, or replaced pursuant to Env-Wt 904.08; or(7) The project is the modification or replacement of a Tier 3 or Tier 4 stream crossing that meets the requirements of Env-Wt 904.07, is self-mitigating pursuant to Env-Wt 902.27, or is being repaired, rehabilitated, or replaced pursuant to Env-Wt 904.09.(b) The following activities shall be exempt from compensatory mitigation:(1) Bank stabilization using rip-rap or other bank stabilization techniques to protect existing infrastructure such as highways, bridges, dams, or buildings thatis intended to remedy a hydraulic deficiency of a stream crossings;(2) Bank stabilization using bio-engineering methods;(3) Temporary impacts that are not intended to remain after the project is completed, provided the areas are restored in accordance with provisions shown in the approved project plans;(4) Wetland restoration or enhancement activities as defined in Env-Wt 104.56, Env-Wt 104.59, and Env-Wt 525;(5) Stream restoration or enhancement activities as defined in Env-Wt 104.29 and Env-Wt 902.31 and conducted in accordance withEnv-Wt 407.04(b) and Env-Wt 525;(6) Minimum impact maintenance activities such as piling replacement, in-kind structure reconstruction, and sediment displacement from intake structures as described in Env-Wt 516;(7) Maintenance dredge of a federal navigation project (FNP) that is on an active dredge cycle or maintenance dredge of existing, legal boat slips;(8) Construction of a tidal docking structure where the combined total of all docking structure surface area on the frontage is less than 2,000 SF;(9) A project that is exclusively a living shoreline project using non-structural vegetated approaches to hybrid hard structural natural methods that address erosion and inundation in a manner that improves or protects the ecological condition of the coastline or replaces lost tidal marsh functions;(10) A project that is limited to sand dune replacement or restoration; and(11) Impacts to developed upland as defined in Env-Wt 602.12.N.H. Code Admin. R. Env-Wt 313.04
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 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.