Section Env-Wt 315.02 - Emergency Authorizations for Private Property(a) A property owner may request an authorization to act on an emergency basis prior to filing an application under Env-Wt 310 or Env-Wt 311 if: (1) A threat to public safety or public health exists or significant damage to private property is imminent as a result of an occurrence beyond the control of the property owner, such as a natural disaster;(2) The request for the emergency authorization is made within 2 weeks of discovering the need for the emergency authorization;(3) The emergency work shall be completed within 30 days, or 60 days for emergencies requiring approval from the department's waste management division; and(4) Work covered by the emergency authorization is limited to that specified in (e), below.(b) The property owner or property owner's agent shall request an emergency authorization by providing the following information to the department by telephone, e-mail, or fax: (1) The name of the property owner and the address of the property where the emergency work will be done;(2) The name and daytime telephone number including area code of the individual requesting the authorization, and, if available, an e-mail address and fax number for that individual;(3) A description of the reason the emergency authorization is being requested;(4) A list of structures proposed to be repaired or otherwise stabilized; and(5) A description of the work to be performed and a schedule for the work.(c) If a request is made by telephone, the property owner or property owner's agent shall provide the information required by (b), above, by e-mail or fax as soon as possible but no later than 24 hours after the initial request.(d) The department shall issue an emergency authorization requested as specified in (a)-(c), above, no later than 3 working days after receipt of the written request when necessary to mitigate an immediate threat to public health or safety or to private property.(e) The work done pursuant to an emergency authorization shall be limited to stabilization of the site or other mitigation of the immediate threat that does not create any new permanent impacts to any PRA or vernal pools.(f) If any work performed pursuant to an emergency authorization under this section results in new permanent impacts to any PRA or vernal pool or exceeds work that is necessary to abate the emergency, then:(1) The work shall be deemed to be unpermitted activities as specified in Env-Wt 307.17; and(2) The property owner shall file an after-the-fact standard application for all work done.N.H. Code Admin. R. Env-Wt 315.02
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.