Section Env-Wt 407.03 - Jurisdictional Area Size Thresholds; Measuring Watercourse Length(a) Subject to (b), below, projects shall be classified based on size as shown in Table 407-1, below: Table 407-1: Classification Based on Size of Impact
Type of Jurisdictional Area | Minimum | Minor | Major |
Other than watercourse | < 3,000 square feet (SF) | [GREATER THAN EQUALS TO] 3,000 SF to < 10,000 SF | [GREATER THAN EQUALS TO] 10,000 SF |
Watercourse | < 50 linear feet (LF) | [GREATER THAN EQUALS TO] 50 LF to < 200 LF | [GREATER THAN EQUALS TO] 200 LF |
(b) Projects shall not be classified based on Table 407-1 if the project:(1) Is subject to an adjustment under Env-Wt 407.02;(2) Qualifies for a PTE under Env-Wt 407.04; or(3) Qualifies for project-specific size criteria as identified in Env-Wt 407.04, Table 407-2.(c) Unless otherwise specified for a particular purpose, watercourse length measurements shall be made as follows:(1) For intermittent watercourses, the distance shall be measured along the thread of the channel; and(2) For perennial watercourses, the total distance shall be calculated by summing the lengths of the disturbance to the channel and the banks.N.H. Code Admin. R. Env-Wt 407.03
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 46, Filed November 12, 2020, Proposed by #13124, Effective 10/23/2020, Expires 10/23/2030.