N.H. Code Admin. R. Env-Wt 524.06

Current through Register No. 25, June 20, 2024

Section Env-Wt 524.06 - Classification of Residential and Commercial or Industrial Development Projects

Residential and commercial or industrial development projects shall be classified under Env-Wt 407 and as follows:

(a) A project shall be a minimum impact project only if it meets the requirements in (1) and (2) below in addition to the requirements in either (3) or (4) below:

(1) All stream-crossing components of the project meet the requirements for minimum impact classification specified in Env-Wt 903.01.

(2) All other components of the project meet the requirements for minimum impact classification specified in Env-Wt 407 and this chapter.

(3) The project:

a. Provides only access for a single crossing of a Tier 1 stream as defined in Env-Wt 902.34;

b. Is designed in accordance with the standards of Env-Wt 904.01 and Env-Wt 904.03 as a driveway to a new or existing residential lot; and

c. Is not part of a subdivision of 4 or more lots.

(4) The project:

a. Is a crossing of a forested wetland that does not exceed 3,000 square feet of impact;

b. Is designed in accordance with the standards of Env-Wt 524; and

c. Is not part of a subdivision of 4 or more lots;

(b) A project shall be an expedited minimum impact project only if:

(1) It is a minimum impact project to construct a new subdivision of 3 lots or less; and

(2) Meets the eligibility requirements for expedited permits under Env-Wt 306.03;

(c) A project shall be a minor impact project if any of the following apply:

(1) Any single stream-crossing component of the project meets the requirements for minor impact classification specified in Env-Wt 903;

(2) The project is part of a new subdivision of 4 or more lots;

(3) Any single component of the project meets the requirements for minor impact classification specified in Env-Wt 407, Env-Wt 903, or this chapter; or

(4) No component of the project meets the requirements for major impact classification specified in Env-Wt 407, Env-Wt 903, or this chapter; and

(d) A project shall be a major impact project if:

(1) The project proposes impacts to a PRA;

(2) The project exceeds the minor impact criteria;

(3) The project requires mitigation or meets the requirements for major impact classification specified in Env-Wt 407, Env-Wt 903, or any other associated project classification that is part of the overall project; or

(4) The project is elevated based on an aggregation undertaken by a developer or is part of a series of developments under Env-Wt 400.

N.H. Code Admin. R. Env-Wt 524.06

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 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.

Amended by Number 45, Filed November 9, 2023, Proposed by #13776, Effective 10/13/2023, Expires 10/13/2033.