N.H. Code Admin. R. Env-Wt 702.01

Current through Register No. 25, June 20, 2024
Section Env-Wt 702.01 - Identification of Wetlands for Consideration as Prime
(a) A local authority undertaking a review of wetlands within its boundaries to determine whether to designate any of them as prime wetlands shall begin by identifying each wetland that meets the requirements established in RSA 482-A:15, I-a, reprinted in Appendix D.
(b) Wetlands shall be delineated using the methods specified in Env-Wt 406.01.
(c) The local authority shall then:
(1) Identify at least 4 primary wetlands functions from those identified in RSA 482-A:2, XI, one of which shall be wetland-dependent wildlife habitat as required by RSA 482-A:15, I-a; and
(2) Evaluate the wetlands identified and delineated pursuant to (a) and (b), above, for each of the primary wetlands functions identified pursuant to (c)(1), above, using:
a. For non-tidal wetlands, the "Method for Inventorying and Evaluating Wetlands in New Hampshire" dated 2015, available as noted in Appendix B;
b. For tidal wetlands, the "Method for the Evaluation and Inventory of Vegetated Tidal Marshes in New Hampshire" dated 1993, available as noted in Appendix B; or
c. An alternative method, in which case the local authority shall identify the alternative method and explain the reasons for using it.
(d) A wetland that does not meet or exceed the statutory conditions shall not be considered for designation as a prime wetlands, but disqualification from being designated as prime wetlands shall not disqualify wetlands from any other federal, state, or local protections that may be available, especially if the wetlands support a rare species, provide critical wildlife habitat, or provide critical wetland functions as identified in RSA 482-A:2, XI.

N.H. Code Admin. R. Env-Wt 702.01

#1825, eff 10-5-81; ss by #2512, eff 10-19-83; ss by #2924, eff 12-11-84, EXPIRED: 12-11-90

New.#5028, eff 12-20-90; ss by #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)

Amended by Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12807, Effective 12/15/2019, Expires 12/15/2029.