Section Env-Wt 519.09 - Classification of Pond Maintenance(a) Unless exempt pursuant to RSA 482-A:3, IV, or unless allowed as a conditionally authorized maintenance project under Env-Wt 309.02, a constructed pond shall become a jurisdictional wetland and may be maintained as a minimum impact project if the following conditions are met: (1) The pond is an existing legal pond;(2) The pond is an active man-made pond;(3) The entire pond is not located in a PRA, except as provided in Env-Wt 407;(4) The pond does not exceed 20,000 SF;(5) The project is within the original footprint of the existing pond; and(6) Dredged material will be placed outside of wetlands jurisdiction.(b) If the project meets (a)(1), above, but does not meet (a)(2)-(4), above, the project shall be classified in accordance with Env-Wt 407.(c) A pond that is not an existing legal pond shall not be maintained unless an after-the-fact permit is obtained for the construction of the pond, which shall be classified as provided in Env-Wt 519.08.N.H. Code Admin. R. Env-Wt 519.09
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.