N.H. Code Admin. R. Env-Wt 701.03
The statutory parameters that apply to a prime wetlands designated pursuant to RSA 482-A:15 or its predecessor statute shall be determined based on the date of the designation, as summarized in Table 701-1, below:
Table 701-1: Prime Wetlands Parameters
Session Law | Effective Date | Statutory Parameters |
1979, 431:5-6 | Aug. 22, 1979 | . Municipalities authorized to designate prime wetlands . NH Wetlands Board must notify local authority prior to issuing a permit for a project "in or adjacent to" designated prime wetlands . Board adopts rules to implement, establish criteria (OLS document #1825, eff. 10-5-81; see OLS Revision Notes for subsequent history) . No fixed buffers for prime wetlands, but rules establish requirements that apply to proposed work/activities that may impact prime wetlands, including no significant net loss of wetland function . "Adjacent" not defined |
2007, 211: 2 | Aug. 24, 2007 | . "in or adjacent to" changed to "in or within 100 feet of" |
2009, 185:2 | Sept. 11, 2009 | . Department must notify local authority prior to issuing a permit for projects "in or within 100 feet of" a designated prime wetlands . Waivers authorized for forest management work |
2012, 235:2 | Aug. 17, 2012 | . Requirements established for a prime wetlands to be at least 2 acres in size; to not consist of a water body only; to have at least 4 primary wetland functions, one of which must be wildlife habitat; and to be at least 50 feet wide at its narrowest point . Department must notify local authority prior to issuing a permit for projects in a designated prime wetlands or within 100 feet of any prime wetlands where a 100-foot buffer was required at the time of designation (i.e., on or after Sept. 11, 2009 but before Aug. 17, 2012) |
N.H. Code Admin. R. Env-Wt 701.03
#5486, eff 10-14-92; ss by #6498-B, eff 4-23-97, EXPIRED: 4-23-05
New.#8341, eff 4-25-05 (See Revision Note at chapter heading of Env-Wt 700)