N.H. Code Admin. R. Env-Wt 608.01

Current through Register No. 25, June 20, 2024

Section Env-Wt 608.01 - Maintenance and Stabilization Activities on Public Tidal Beaches

(a) Removal of seaweed, algae, or other debris (beach debris) from public tidal beaches shall not require a permit under RSA 482-A:3, provided:

(1) All work is done:

a. By the state or local agency responsible for maintaining the public beach, or its authorized agent, not by private land owners;

b. Between April 15 and October 15; and

c. Using the technique most appropriate for the work that will have the least environmental impact;

(2) No work is done in standing or flowing water;

(3) No work is done within 10 feet of sand dunes or salt marshes, unless work is in a legally-existing developed area;

(4) Disturbance and removal of sand or other beach substrate is minimized to the maximum extent practicable;

(5) Front-end bucket loaders are only used:

a. To collect beach debris if no other practicable means exist; and

b. To transport beach debris collected by other means;

(6) The state or local agency responsible for maintaining the beach consults with NHF & G to avoid and minimize potential impacts to piping plovers and their habitat; and

(7) If the agency responsible for maintaining the beach intends to use equipment to remove sand or other beach substrate, the agency provides written notification to the department, which may be via email, in advance of the work by providing the following information:

a. The date(s) and location of the work;

b. The estimated volume of material to be removed;

c. The method by which the material will be removed; and

d. The location where the material will be disposed.

(b) The use of motorized equipment and machinery to regrade and recontour public tidal beaches as necessary to maintain the integrity of seawalls by the NH DNCR, NHDOT, or the authorized agent(s) of either agency, shall not require a permit under RSA 482-A:3 provided:

(1) No work is done in standing or flowing water:

(2) Wash-outs of materials to adjacent tidal wetlands, waters, or to adjacent properties is prevented;

(3) No work is done within 10 feet of dunes or salt marshes, unless work is in a legally-existing developed area;

(4) The removal of sand or other beach substrate from the beach is minimized to the maximum extent practicable; and

(5) Prior to commencing the work, the agency responsible for the work provides written notice to the department, which may be via email, by providing the following information:

a. The date(s) and location of the work; and

b. The methods and equipment to be used to perform the work.

N.H. Code Admin. R. Env-Wt 608.01

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