N.H. Code Admin. R. Env-Wt 511.06

Current through Register No. 25, June 20, 2024
Section Env-Wt 511.06 - Water Access Structure Construction Project Classifications
(a) Construction of a water access structure shall be a minimum impact project only if all of the following criteria are met:
(1) No construction surface area, filling, or dredging occurs below the normal high water line or ordinary high water mark, as applicable;
(2) No work is done in a wetland or PRA, except as provided in Env-Wt 407;
(3) The combination of existing and proposed water access structures does not use more than 20 percent of the applicant's contiguous shoreline up to a maximum of 50 feet;
(4) A maximum of 10 CY of sand is used; and
(5) The total area impacted by water access structures does not exceed 250 SF.
(b) Construction of a beach shall be a minor impact project if the project complies with (a)(1) through (4), above, and either:
(1) The project uses more than 10 CY of sand but not more than 20 CY of sand; or
(2) The aggregate area impacted by water access structures is 250 SF or greater but does not exceed 500 SF.
(c) Construction of a deck or patio shall be a minor impact project if:
(1) The project complies with (a)(1) through (4), above; and
(2) The aggregate area impacted by water access structures is 250 SF or greater but does not exceed 500 SF.
(d) Construction of a water access structure shall be a major project if the project does not meet the criteria for a minimum impact project specified in (a), above, or for a minor impact project specified in (b) or (c), above.

N.H. Code Admin. R. Env-Wt 511.06

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 2, Filed January 9, 2020, Proposed by #12954, Effective 12/24/2019, Expires 12/24/2029.
Amended by Volume XL Number 41, Filed October 8, 2020, Proposed by #13124 Effective 10/23/2020, Expires 10/23/2030.