Section Env-Wt 605.04 - Requirements for Compensatory Mitigation for Projects in Coastal Areas(a) If compensatory mitigation is required, the type of compensatory mitigation shall be determined in accordance with Env-Wt 801.03(b).(b) On-site compensatory mitigation, when proposed, shall demonstrate one or more of the following: (1) Stream crossing upgrades that allow tidal inflow or a legally protected preservation conservation easement in accordance with Env-Wt 800 for marsh migration compatible with projected sea-level rise;(2) Restoration of and preservation of an aquatic resource buffer in accordance with Env-Wt 804; or(3) Replacement or enhancement of buffer functions or living shorelines by following planting recommendations reflected in "Guidance for Considering the Use of Living Shorelines", NOAA, 2015, available as noted in Appendix B.(c) Compliance with maintenance of the waterfront buffer, natural woodland buffer, unaltered percentage requirements, and impervious surface requirements, pursuant to Env-Wt 610 relative to tidal buffer zones shall not constitute mitigation.(d) The applicant shall propose mitigation for proposed impacts that:(1) Meets or exceeds the minimum compensatory mitigation ratios stated in Table 800-1; or(2) Provides an acceptable alternative compensatory mitigation proposal as described in Env-Wt 803.09.N.H. Code Admin. R. Env-Wt 605.04
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12806, Effective 12/15/2019, Expires 12/15/2029 (See Revision Notes #1, #2, #3, and #4 at chapter heading for Env-Wt 600).Amended by Number 45, Filed November 9, 2023, Proposed by #13775, Effective 10/13/2023, Expires 10/13/2033.