N.H. Code Admin. R. Env-Wt 406.03

Current through Register No. 25, June 20, 2024

Section Env-Wt 406.03 - Wetlands Delineation Not Required for Certain Projects

(a) Delineation of wetlands, including vernal pools, shall not be required for the following projects:

(1) Any project that qualifies for a statutory permit-by-notification (SPN);

(2) Minimum impact exotic aquatic weed control or minimum impact native aquatic vegetation removal projects as provided in Env-Wt 510;

(3) Agriculture projects impacting less than 3 acres of wet meadow, provided the application and plan are prepared by the NRCS or a certified wetland scientist; and

(5) Shoreline structure projects at the shoreline of or extending over open water, or both, where there are no vegetated wetlands unless the exemption in (2), above, applies.

(b) Delineation of wetlands, including vernal pools, shall not be required outside the limits of wetland impact if:

(1) No work is done prior to a complete and accurate application being submitted for the activity; and

(2) The activity covered by the application is:

a. Timber harvesting undertaken in compliance with RSA 227-J or trail construction or maintenance pursuant to Env-Wt 517 where:

1. No development or other change in land use will occur;

2. The project qualifies as a minimum impact project under the criteria in Env-Wt 407 and Env-Wt 408; and

3. The application includes the location(s) and type(s) of wetlands crossed on a USGS map and on an NRCS soils drainage class map, and demonstrates that the wetland dimensions and project impacts meet the minimum impact thresholds;

b. Agriculture that falls outside of the parameters of (a)(3), above, only because:

1. The area of impact exceeds 3 acres;

2. Alteration will occur to other than wet meadows only; or

3. A combination of a. and b.; or

c. A minimum impact utility maintenance project in accordance with Env-Wt 521 where:

1. No new permanent access roads will be established;

2. No permanent crossings of streams or wetlands will be installed;

3. Maintenance will be through existing utility corridors;

4. Work will be temporary or maintenance; and

5. The application includes the location(s) and types(s) of wetlands crossed on the most recent National Wetland Inventory map, USGS map, or an annotated aerial photograph in accordance with the Utility BMPs, available as noted in Appendix B.

N.H. Code Admin. R. Env-Wt 406.03

Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12804, Effective 12/15/2019, Expires 12/15/2029.

Amended by Volume XL Number 24, Filed June 11, 2020, Proposed by #13046, Effective 6/2/2020, Expires 6/2/2030.

Amended by Volume XL Number 46, Filed November 12, 2020, Proposed by #13124, Effective 10/23/2020, Expires 10/23/2030.