Section Env-Wt 406.02 - Delineation of Wetlands Boundaries(a) For projects for which a wetlands delineation is required, wetlands boundaries shall be delineated by a certified wetland scientist except in the circumstances listed in RSA 310-A:79, reprinted in Appendix D.(b) Wetlands delineations shall remain valid for 5 years, unless: (1) There is a reasonable basis to believe the original delineation might be incorrect according to the reference(s) cited in Env-Wt 406.01, as applicable;(2) The property or adjacent property has been disturbed in such a way as to increase or decrease stormwater or surface water run-off or groundwater flow to any portion of the property for which the delineation was done;(3) Any other information becomes available that warrants a review of the delineation; or(4) If vernal pools might be present:a. The delineation of the vernal pool(s) was not done to coincide with the use of vernal pools by primary indicator species; orb. One or more primary indicator species were not representative of the species' normal biological cycle.(c) If a wetlands delineation is more than 5 years old or if any of the criteria listed in (b), above, are met, the delineation shall be:(1) Verified through field observations and documentation to be the same as the original delineation; or(2) Replaced with a new delineation, if the original delineation cannot be verified.(d) If delineation of vernal pools is done under the conditions identified in (b)(4), above, the applicant shall provide such additional information and documents, including photographs, as are necessary to clarify vernal pool boundaries.N.H. Code Admin. R. Env-Wt 406.02
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12804, Effective 12/15/2019, Expires 12/15/2029.