Section Env-Wt 522.01 - Applicability(a) This part shall apply to agriculture activities in jurisdictional areas that are associated with maintenance or improvement of existing crop or pasture land for continued agriculture use that is necessary or incidental to a preexisting and ongoing bona fide agricultural operation as defined by RSA 21:34-a.(b) This part shall not apply to the following activities, for which no permit shall be required: (1) Cleaning and maintenance of legally constructed man-made non-tidal drainage ditches that have not been abandoned; and (2) Maintenance, repair, or replacement of lawfully constructed ponds on active farms as necessary to preserve the usefulness of such ponds, provided that such ponds are not extended into any undisturbed area of wetlands jurisdiction; (c) This part shall not apply to the following activities, which require a separate permit: (1) Construction of drainage ditches in jurisdictional wetlands; (2) Widening, deepening, realigning, or extending the length of existing legally constructed drainage ditches or irrigation ditches in jurisdictional wetlands beyond original function design or original purpose;(3) Except for access roads associated with an agricultural project, placement of new fill in wetlands for agricultural purposes, which shall be subject to permitting as a development project in accordance with Env-Wt 524; or(4) Work in agricultural wetlands that are deemed abandoned as a result of not having been used, managed, mowed, or maintained for agricultural purposes for a period of 5 years, or where the work does not qualify as a new agriculture project, which shall be subject to permitting as a development project in accordance with Env-Wt 524.N.H. Code Admin. R. Env-Wt 522.01
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12805, Effective 12/15/2019, Expires 12/15/2029.