Section Env-Wt 703.05 - Challenges to Prime Wetlands Boundaries(a) An applicant whose proposed project is adversely affected by a boundary of a prime wetlands, or who desires a more precise delineation of that boundary at a project site than provided pursuant to Env-Wt 703.02(c)(1), may present data, delineations, and other evidence to the department and to the local authority responsible for the initial delineation to show an alternative location of the boundary.(b) Subject to (c), below, within 90 days of receipt of information provided pursuant to (a), above, the local authority shall review the information and: (1) Notify the applicant and the department of whether or not they agree that the boundary should be changed; and(2) If so, submit new or revised maps and documentation as required by Env-Wt 703.01 for the new boundary.(c) If snow covers the existing boundary, the proposed boundary, or both when the information is submitted, the local authority shall act as specified in (b), above, within 90 days of the date on which the ground is visible.(d) In the event of a dispute, the department shall make the final delineation based on the data and evidence submitted and an on-site review of the area with the applicant and representatives of the local authority responsible for the delineation.N.H. Code Admin. R. Env-Wt 703.05
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12807, Effective 12/15/2019, Expires 12/15/2029.