Section Env-Wt 610.02 - Projects in the Protected Tidal Zone that Do Not Require a Permit The following activities may be undertaken in the protected tidal zone without first obtaining a permit under RSA 482-A:
(a) The maintenance, repair, or modification of an existing legal primary or accessory structure that does not: (1) Increase or move the footprint or impervious area of the structure;(2) Result in the alteration of previously-unaltered areas;(3) Result in an increase in loading to an onsite sewage disposal system;(4) Increase the number of residential units on the property; or(5) Necessitate or result in any dredging or filling within the protected tidal zone; (b) Work done pursuant to an approved remediation plan that is prepared in response to any enforcement action against a property owner or contractor where the violator is directed by the department to remediate violations of: (1)RSA 482-A or rules in subtitle Env-Wt, or both; or(2)RSA 483-B or Env-Wq 1400, or both; (c) Landscaping or gardening consistent with Env-Wq 1400;(d) The construction of stairs in the upland protected tidal zone, provided:(1) The bottom of the stair structure lands on a beach above mean high tide; and (2) No excavation is required;(e) Trimming, pruning, and thinning of branches to the extent necessary to protect structures, maintain clearances, or maintain the ecological health of the planted area, provided the activity does not endanger the health of the plant;(f) Removal of dead, diseased, or unsafe trees, limbs, saplings, or shrubs that pose a hazard to structures or have the potential to cause personal injury, provided: (1) The work is done in a way that: a. Prevents damage to surrounding healthy trees, limbs, saplings, and shrubs; b. Minimizes damage to ground cover;c. Prevents soil erosion and sedimentation to the water body; and d. Leaves all stumps intact; and(2) The person who authorizes the work shall bear the burden of proving, in any enforcement action for a violation of this rule, that the trees, limbs, saplings, or shrubs removed were in fact dead, diseased, or unsafe, where proof that removed trees, limbs, saplings, or shrubs were dead, diseased, or unsafe may include the following: a. Photographs of the property which clearly show the dead, diseased, or unsafe trees, limbs, saplings, and shrubs; and b. Written certification signed by an individual with knowledge and experience in assessing tree health, such as a licensed forester, certified arborist, or licensed landscape architect, that the trees, limbs, saplings, and shrubs that were removed were dead, diseased, or unsafe, as applicable;(g) Hand-pulling or use of hand tools to remove invasive species or other noxious or harmful plants such as poison ivy, including root systems, provided that any area exceeding 10 SF left without vegetation shall be replanted with native, non-invasive species in accordance with Agr 3802;(h) Hand-removal or use of hand tools to remove rocks and stones beyond the 50-foot setback to the HOTL with a waterfront buffer as defined in RSA 483-B:9, V(a)(1); and(i) The placement or installation of readily-removed items, such as picnic tables and lawn chairs.N.H. Code Admin. R. Env-Wt 610.02
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12806, Effective 12/15/2019, Expires 12/15/2029.