Section Env-Wt 706.05 - Issuance of Waivers for Other Activities in Duly-Established 100-Foot Buffers(a) The department shall not issue a waiver under Env-Wt 706.01(b) prior to 14 days after receipt of the waiver request, provided however that a municipal conservation commission may request an extension on such waiver issuance, not to exceed 14 days, which the department shall grant if and as requested. (b) The department shall not issue a waiver unless the department determines that there will be no significant net loss of wetland values as identified:(1) By the local conservation commission or local governing authority; and(c) If the department determines that the criteria for issuing a waiver are met, the waiver shall be issued as part of the SPN or permit, as applicable.(d) If the department is unable to determine, based on the information submitted, that the proposed work will not cause a significant net loss of wetland values, the department shall notify the applicant of what additional information is needed and establish a deadline in consultation with the applicant for the submission of the additional information.(e) If the department determines that the project would not cause a significant net loss of wetland values if certain conditions were met, the department shall place such conditions on the waiver as are necessary to protect the prime wetlands reN.H. Code Admin. R. Env-Wt 706.05
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12807, Effective 12/15/2019, Expires 12/15/2029.