N.H. Code Admin. R. Env-Wt 313.05

Current through Register No. 25, June 20, 2024

Section Env-Wt 313.05 - Processing of Related Wetlands and Shoreland Permit Applications

(a) For the projects listed in (d), below, that require both an EXP or standard permit under RSA 482-A and a shoreland permit under RSA 483-B, the applicant may file the individual permit applications for the project concurrently, with a written request to process the applications together.

(b) As of December 24, 2019, concurrently filing the applications with a request to process the applications together shall constitute:

(1) A waiver by the applicant of the shorter time frame, if application processing timelines are different for each permit program under the 2 statutes and their implementing rules; and

(2) Agreement by the applicant that any request for additional information by the department under either or both statutes shall affect the review timeframe of both applications being processed together.

(c) The department shall concurrently process applications for projects listed in (d), below, that are filed together with a request to process the applications together.

(d) The following projects shall be eligible for the optional process established by this section:

(1) Non-tidal water access structures, provided the applicant has attended a pre-application meeting with the department and the department has determined that:

a. The shoreline and bank were previously modified in such a way that defining the jurisdictional limit under RSA 482-A is difficult;

b. The project proposes significant temporary impacts in protected shorelands for the exclusive purpose of accessing areas that will be impacted by activities subject to RSA 482-A; and

c. The project appears to comply with the applicable requirements of RSA 482-A, the wetlands rules, RSA 483-B, and Env-Wq 1400; and

(2) Projects located within an upland portion of the tidal buffer zone.

N.H. Code Admin. R. Env-Wt 313.05

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.