Section Env-Wt 517.06 - Classification of Trail and Pathway Projects Trail and path projects shall be classified as follows:
(a) A trail project shall be minimum impact and eligible for an SPN if:(1) For wetland crossings:a. The project impacts less than 3,000 SF per crossing;b. The trail width at each crossing does not exceed 20 feet;c. The fill width is minimized and, measured at the toe of the trail side slope, does not exceed 50 feet per crossing; andd. The fill length does not exceed 60 feet per crossing, measured along the centerline of the proposed trail;(2) No impacts to a bog, marsh, sand dune, tidal wetland, cedar swamp, or undisturbed tidal buffer zone are proposed;(3) The proposed crossing will not jeopardize the continued existence of protected species or habitat;(4) The proposed crossing is not located within or adjacent to a designated prime wetlands or duly-established 100-foot buffer;(5) For proposed culvert installations crossing a perennial or intermittent stream, the streams crossed have a scoured channel no more than 8 feet wide; or(6) The proposed project that includes the installation of a new bridge or replacement of an existing bridge over a stream meets the following criteria:a. No work will be performed in surface waters;b. No fill will be placed in surface waters;c. Impacts to the banks of the watercourse, including bridge structural supports, will not exceed 3,000 SF per crossing;d. Bridges are not in a prime wetlands or duly-established 100-foot buffer;e. Bridges are not in a bog, marsh, sand dune, or floodplain wetland adjacent to a tier 3 watercourse; andf. The project site has not been identified by NHB as having occurrences of protected species or habitat or has been recommended for downgrade by NHB and NHF&G, where applicable;(b) A new trail or path project shall be a minor impact project if the requirements for minimum impact crossings in (a)(1)b.-d. and (2)-(6), above, are met and the total impact to wetlands is greater than 3,000 SF per crossing but does not exceed 10,000 SF in total;(c) A new trail or pathway project shall be a major impact project if: (1) The project proposes any crossing of a PRA, except as provided in Env-Wt 407;(2) The total crossing impact to wetlands is greater than 10,000 SF; or(3) The project would require a waiver of any approval, design, or construction criteria;(d) A project to maintain, repair, or replace an existing legal trail or pathway shall be a minimum impact project only if:(1) No change in location, configuration, dimensions, or construction type is proposed; and(2) No work will be done in standing or flowing water;(e) A project to maintain, repair, or replace an existing legal trail or path shall be a minor impact project if it does not meet the criteria for either a minimum impact or a major impact project; and(f) A project to maintain, repair, or replace an existing legal trail or pathway shall be a major impact project if the project would require a waiver of any approval, design, or construction criteria, unless the only waiver needed is for prime wetlands or a duly-established 100-foot buffer and the waiver is obtained pursuant to Env-Wt 706.N.H. Code Admin. R. Env-Wt 517.06
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12805, Effective 12/15/2019, Expires 12/15/2029 (See Revision Notes #1 and #2 at chapter heading for Env-Wt 500).Amended by Volume XL Number 46, Filed November 12, 2020, Proposed by #13124, Effective 10/23/2020, Expires 10/23/2030.Amended by Number 45, Filed November 9, 2023, Proposed by #13776, Effective 10/13/2023, Expires 10/13/2033.