N.H. Code Admin. R. Env-Wt 607.03

Current through Register No. 25, June 20, 2024

Section Env-Wt 607.03 - Tidal Dredge Project Descriptions; Approval Criteria

(a) Dredging in tidal waters or tidal wetlands shall not be allowed unless the primary purpose of the dredging is to:

(1) Maintain or improve a FNP that provides a public benefit to commercial and industrial shipping, commercial fishing, existing working waterfront areas, or homeland security;

(2) Construct, maintain, or improve a marina, private association, or public facility; or

(3) Remediate contamination, remove storm-driven sediment, or maintain intake and outflow infrastructure.

(b) Dredging in tidal waters or tidal wetlands shall not be approved unless:

(1) The project meets standard conditions of Env-Wt 307 and avoidance and minimization techniques in Env-Wt 607.02;

(2) The project applicant participates in and follows guidance provided in a pre-application meeting with the department or the New Hampshire dredge management task force; and

(3) The project is sponsored by the state so that:

a. All applications to the department for dredging of FNPs in tidal waters or tidal wetlands are submitted by the DP&H pursuant to RSA 12-G:45; and

b. All other dredging projects in tidal waters/wetlands have DP&H sponsorship or authorization for another entity, such as a municipality or private person, to act as an agent to apply for a permit from the department.

N.H. Code Admin. R. Env-Wt 607.03

Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12806, Effective 12/15/2019, Expires 12/15/2029.