Section Env-Wt 510.04 - Approval Criteria for NAV Removal Projects In addition to meeting the applicable conditions established in Env-Wt 300, the department shall not approve a project to control or eradicate NAV unless the following criteria are met:
(a) The project: (1) Is necessary to maintain access to an existing legal beach, docking facility, public boat ramp, or community swim area because the NAV is:a. Negatively affecting private or public access to the waterbody;b. Interfering with the applicant's ability to reasonably use watercraft or to engage in other recreational uses; orc. Interfering with the normal outflow or flushing of the waterbody;(2) Minimizes potential water quality impacts where disturbance to soft bottom substrates could result in turbidity or changes to the cross-section of the bottom if aquatic plants are disturbed or removed; and(3) Protects critical habitats, nesting sites, and spawning fishery locations; and(b) The project will not:(1) Remove a protected species or habitat;(2) Remove or disturb root systems or substrate materials or grades that would constitute dredging;(3) Be located in: a. A PRA, except as provided in Env-Wt 407; orb. A diverse habitat that provides nesting or foraging habitat for fish or wildlife that would be negatively impacted by the removal of vegetation; or(4) Cause removal of NAV that is part of a floating island.N.H. Code Admin. R. Env-Wt 510.04
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12805, 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.