Section Env-Wt 808.14 - Conservation Interest Instrument Requirements(a) Each conservation interest instrument shall:(1) Uphold the conservation purposes of the transaction in perpetuity;(2) Protect the quality of wetlands and surface water resources associated with the property;(3) Safeguard the environmental values of the property that are dependent on aquatic resources; and(4) Convey an interest to the State of New Hampshire that allows the state to enforce the conditions and restrictions of the conservation interest instrument and to recover the costs of such enforcement from the easement holder or property owner, or both.(b) Each conservation interest instrument shall contain, at a minimum, the following restrictions: (1) No industrial or commercial activities or improvements shall occur on the property except in conjunction with any water supply, agricultural, forestry, or outdoor recreational activities that are allowed by the instrument, subject to such conditions as are specified in the instrument;(2) No land surface alterations shall occur on the property, such as filling, excavation, mining, and dredging, except to the extent that they do not degrade the aquatic resource for which the project was funded and do not pose a risk of such degradation;(3) No wastes generated off the property shall be disposed of, stored, or discharged on the property;(4) No substances that would be hazardous waste if discarded or abandoned shall be disposed of on the property, and no such substances shall be stored or applied on the property except in conjunction with any allowed water supply, agricultural, forestry, or outdoor recreational activities, and provided the storage and use do not threaten aquatic resource protection and are specifically allowed by the instrument, subject to such conditions as are specified in the instrument;(5) No acts or uses shall occur on the property that would: a. Degrade wetlands or water quality;b. Cause an unsustainable quantity of water to be withdrawn; orc. Harm state or federally recognized rare, threatened, or endangered species; and(6) Activities specifically allowed by the instrument, such as community drinking water supply, agriculture, forestry, and outdoor recreation, shall be conducted in accordance with a plan, best management practices, or conditions as set forth in the instrument, subject to such conditions as are specified in the instrument.(c) In the case of a conservation easement, the owner of the fee shall retain all other customary rights and privileges of ownership including the right to privacy and to carry out all regular agricultural and forestry practices that are not prohibited by the restrictions in the easement.N.H. Code Admin. R. Env-Wt 808.14
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.