Section Env-Wt 407.04 - Project-Type Exceptions (PTEs)(a) Classification based on size as established in Env-Wt 407.03 shall not apply to any project that meets the requirements for an SPN under Env-Wt 308 and the applicable provisions in Env-Wt 500, however such projects remain subject to Env-Wt 307 and all other qualifying criteria.(b) Classification based on resource type impacted shall not apply to a restoration/enhancement project under Env-Wt 525 that: (1) Is funded in whole or in part with public funds, whether from a federal, state, or local agency;(2) Is conducted under the supervision of a New Hampshire state agency established to manage or protect natural resources, the university of New Hampshire, the US Environmental Protection Agency, the US ACE, NRCS, the National Oceanic and Atmospheric Administration (NOAA), the US Forest Service, or the US Fish and Wildlife Service; and(3) Is not done to restore any area that is subject to a removal or restoration order.(c) Classification based on resource type impacted shall not apply to:(1) Maintenance, repair, and replacement in-kind of existing legal shoreline structures, whether tidal or non-tidal;(2) Repair, but not replacement or slip lining, of existing legal stream crossings; or(3) The projects listed in Table 407-2, below, which shall be classified as specified in Table 407-2, below: Table 407-2: Classification Criteria For Specified Projects
Type of Project | Classification Criteria Specified In |
Aquatic vegetation control | Env-Wt 510 |
Water access structures | Env-Wt 511 |
Breakwaters | Env-Wt 512 |
Docking structures and accessory docking structures | Env-Wt 513 |
Bank stabilization | Env-Wt 514 |
Dug-in basins/boat houses | Env-Wt 515 |
Trails, paths, and boardwalks | Env-Wt 517 |
Ponds | Env-Wt 519 |
Forestry | Env-Wt 520 |
Utility projects | Env-Wt 521 |
Agriculture | Env-Wt 522 |
Non-tidal Dredging | Env Wt 523 |
Dams | Env-Wt 526 |
Tidal projects including tidal docks, tidal dredging, tidal bank stabilization, sand dunes, coastal lands, and beach maintenance projects | Env-Wt 600 |
Stream crossings | Env-Wt 900 |
N.H. Code Admin. R. Env-Wt 407.04
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 2, Filed January 9, 2020, Proposed by #12953, Effective 12/24/2019, Expires 12/24/2029.