Section Env-Wt 803.10 - Criteria for Acceptance of In-Lieu Mitigation Payments(a) An in-lieu mitigation payment shall not substitute for the requirement to avoid or minimize impacts established in Env-Wt 313.03.(b) An applicant wishing to make an in-lieu mitigation payment shall evaluate available aquatic resource buffer preservation opportunities in accordance with Env-Wt 804 and provide documentation and an explanation of how aquatic resource buffer preservation is not practicable based on the following:(1) The property has upland and wetland areas remaining after the development has been designed, but does not meet or exceed the ratios in Table 800-1 or cannot meet the buffer requirement in Env-Wt 804.02;(2) Preservation was discussed by the municipal conservation commission and acceptance of a conservation easement was declined as an option, as demonstrated by minutes from the meeting(s) at which the proposal was considered or a letter signed by the conservation commission; and(3) Acceptance of a conservation easement was declined by other conservation organizations as cited in Env-Wt 312.03(b)(3), as demonstrated by written responses from such organizations.(c) An applicant for a project that will have permanent impacts to a wetland shall evaluate available wetland restoration, enhancement, and creation opportunities in accordance with Env-Wt 805 and provide documentation and an explanation of what was considered and why restoration, enhancement, or creation will not produce a valuable and sustainable jurisdictional area.(d) An applicant for a project that will have permanent impacts to a stream shall evaluate available stream restoration and enhancement opportunities in accordance with Env-Wt 806 and provide documentation and an explanation of what was considered and why restoration or enhancement will not produce a valuable and sustainable jurisdictional area.(e) The department shall accept a proposal for an in-lieu mitigation payment if the proposal meets the requirements of (b), above, and of (c) or (d), above, as applicable, and the mitigation type or combination of mitigation types listed in Table 800-1 that are available in the same watershed as the impacts for compensating jurisdictional area losses are not practicable.N.H. Code Admin. R. Env-Wt 803.10
Derived From 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.