Section Env-Wt 804.03 - Incorporated Jurisdictional Areas(a) An area subject to preservation may incorporate a jurisdictional area provided: (1) The aquatic resource buffer partly or entirely surrounds the jurisdictional area or at least surrounds those undeveloped upland portions on the preservation parcel; and(2) Uplands comprise 50% or more of the minimum total compensatory mitigation area required under Env-Wt 803.08.(b) Jurisdictional areas on the same site as the project that are left undisturbed as part of meeting the avoidance and minimization requirements shall not be considered preservation.N.H. Code Admin. R. Env-Wt 804.03
#8062, eff 3-13-04; ss by #8341, eff 4-25-05 (See Revision Note at chapter heading of Env-Wt 800); ss by #8911, eff 6-20-07
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.