Section Env-Wt 609.10 - Minimum Impact Tidal Shoreline Stabilization Projects(a) Subject to the conditions in (b), below, a shoreline stabilization project shall be classified as minimum impact if it consists of: (1) In-kind maintenance, in-kind repair, or in-kind stabilization of an existing installation that is fully exposed at low tide;(2) Conversion of an existing stabilization practice to bioengineered bank stabilization or living shoreline;(3) A living shoreline project that is fully exposed at low tide; or(4) An existing stabilization project located below mean high water, including the placement of fill material landward of sills, provided the fill is for erosion control or wetland function enhancement, or both, and not recreational activity.(b) For a project that is listed in (a), above, to qualify as minimum impact, the following conditions shall be met: (1) Before submitting an application, the applicant shall meet with department staff to discuss the proposed project to insure the proposed work will not exceed minimum impact limits;(2) No impacts to protected species or habitat shall be allowed unless the applicant has received and incorporated recommendations from NHB, NHF & G, or both, as applicable;(3) There shall be no change in the location, configuration, construction type, or dimensions of the installation unless the project is a living shoreline project that enhances the natural processes and functions of a previously disturbed or eroding shoreline;(4) All work shall be done at low tide when the work area is fully exposed; (5) The existing installation shall have functioned as intended without adverse effects on the property or surrounding properties such as increased erosion due to deflection of waves or currents;(6) A living shoreline project shall be either:a. A restoration/enhancement project under Env-Wt 500; or b. No longer than 200 LF with marsh restoration of less than one acre and extending no more than 50 feet seaward of mean low water;(7) Unless converted to a living shoreline, the applicant shall certify in writing that each installation being maintained, repaired, or replaced in-kind is an existing legal structure as defined in Env-Wt 102; and(8) The applicant shall perform a CFA and a vulnerability assessment.N.H. Code Admin. R. Env-Wt 609.10
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12806, Effective 12/15/2019, Expires 12/15/2029.