N.H. Code Admin. R. Env-Wt 706.04

Current through Register No. 25, June 20, 2024

Section Env-Wt 706.04 - Requirements for Waiver Requests for Other Activities in Buffers

(a) The applicant for a waiver under Env-Wt 706.01(b) shall submit a request for a waiver to the department at the same time the applicant submits the notification for an SPN or application for a PBN, EXP, or standard permit, as applicable, by submitting a completed Prime Wetlands Waiver Forestry & Other Activities, NHDES-W-06-088, dated May 2020.

(b) The waiver request shall include the following:

(1) A sketch of the property depicting the best approximate location of the duly-established 100-foot buffer in which work is proposed and the location of proposed work, including access roads;

(2) A written description of the work to be performed;

(3) A list of the prime wetlands values identified by the municipality when the prime wetlands associated with the buffer was designated;

(4) Such information as is required to demonstrate that there will be no significant net loss of wetlands values identified by the municipality when the prime wetlands was designated; and

(5) As authorized by RSA 482-A:11, IV(b)(4)(B), a filing fee of:

a. $200 for projects that would otherwise qualify as a minimum impact project if it was not located in a designated prime wetlands buffer;

b. $500 for projects that do not qualify under a., above, and are not major projects; and

c. $1,250 for major projects.

(c) As required by RSA 482-A:11, IV(c):

(1) At the time the applicant submits the waiver request to the department, the applicant also shall notify, by certified mail, the local governing body, the planning board, if any, and the conservation commission, if any, of the municipalities in which the waiver is being sought that the waiver is being requested; and

(2) If the buffer associated with the application extends onto an abutting property, the property owner requesting the waiver shall provide notice that the waiver is being requested to the owner of that abutting property.

(d) The applicant shall send the notice required by (c)(2), above, by certified mail.

N.H. Code Admin. R. Env-Wt 706.04

Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12807, Effective 12/15/2019, Expires 12/15/2029 (See Revision Notes #1 and #2 at chapter heading for Env-Wt 700).

Amended by Volume XL Number 46, Filed November 12, 2020, Proposed by #13124, Effective 10/23/2020, Expires 10/23/2030.