Section Env-Wt 801.03 - Determination of Type of Compensatory Mitigation Required(a) Compensatory mitigation requirements shall be satisfied by: (1) An in-lieu fee payment to the ARM Fund;(2) A permittee-responsible mitigation project that uses restoration, enhancement, upland buffer preservation and/or wetland creation to offset the losses to aquatic resource function and values; or(3) A combination of both.(b) The preferred method of compensatory mitigation shall be an in-lieu fee payment, which shall be used unless: (1) The in-lieu fee payment option is not available under RSA 482-A for the impacted resource type;(2) Impacts are proposed to a designated prime wetland or its duly-established 100-foot buffer and the municipality recommends against the use of in-lieu payment for reasons consistent with RSA 482-A; or(3) An applicant proposes a permittee-responsible mitigation project and demonstrates that the project meets all applicable criteria for permittee responsible mitigation established in Env-Wt 803.(c) After consultation with the department in accordance with Env-Wt 311.02 and the US Army Corps of Engineers in accordance with Env-Wt 803.08(c), an applicant shall demonstrate: (1) That the in-lieu fee payment amount has been calculated as specified in accordance with Env-Wt 803.07 as applicable; or(2) For permittee-responsible mitigation, through evidence and documentation, that the requirements of Env-Wt 803 shall be met.N.H. Code Admin. R. Env-Wt 801.03
#8911, eff 6-20-07; ss by #9717, eff 5-25-10
Amended by Volume XXXVI Number 01, Filed January 7, 2016, Proposed by #11000, Effective 2/1/2016, Expires 2/1/2026.Amended by Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12808, Effective 12/15/2019, Expires 12/15/2029 (See Revision Notes #1 and #2 at chapter heading for Env-Wt 800).Amended by Number 45, Filed November 9, 2023, Proposed by #13774, Effective 10/13/2023, Expires 10/13/2033.