Section Env-Wt 408.04 - Aggregation of Projects: Same Property(a) A project shall be classified as major impact if the totality of all impacts of all projects on the subject property within the 5 years preceding the application for the current project meets any of the criteria for a major project listed in Env-Wt 407.02 or Env-Wt 407.03.(b) For purposes of (a), above, the following shall apply: (1) The subject property shall include any lots that have been subdivided from the property if the lots were part of the same property when one or more of the prior projects occurred; and(2) Previous work on the subject property shall include all dredging, filling, and construction activities on the property, regardless of whether the work was done pursuant to an exemption or any form of approval from the department, or was done illegally.(c) Classification as a major impact project based on (a) or (b), above, shall: (1) Take precedence over any lower classification; and(2) Not be eligible for a waiver or downgrade of the classification.N.H. Code Admin. R. Env-Wt 408.04
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12804, Effective 12/15/2019, Expires 12/15/2029.