N.H. Code Admin. R. Env-WtC 203.02

Current through Register No. 25, June 20, 2024

Section Env-WtC 203.02 - Petition for Appeal

(a) A petition for appeal shall include the following in the order specified:

(1) For each appellant, the appellant's full legal name, mailing address, and daytime telephone number and, if available, a fax number and e-mail address;

(2) If the petition for appeal is being filed by the appellant's representative, the representative's name, mailing address, and daytime telephone number and, if available, a fax number and e-mail address;

(3) If the petition for appeal is being filed by a group of appellants, the group representative's name, mailing address, and daytime telephone number and, if available, a fax number and e-mail address;

(4) A statement that the appellant is:

a.For an appeal of a decision to issue or deny a permit under RSA 482-A, the applicant for a permit or a person entitled to be noticed in accordance with RSA 482-A:8 or RSA 482-A:9;

b.For an appeal of a decision to issue or deny a permit, variance, or redevelopment waiver under RSA 483-B, the applicant or a person who otherwise is aggrieved by the decision and has standing to challenge the decision; and

c.For an appeal of an order issued under RSA 482-A or RSA 483-B, the recipient of the order or a person who otherwise is aggrieved by the order and has standing to challenge the order;

(5) A description of the land involved in the department's decision by street address and municipality, tax map and lot number, and current deed reference;

(6) For an appeal of a decision to issue or deny a permit under RSA 482-A:

a.Identification of the department's decision on reconsideration and the underlying permit decision by the name of the applicant, the name of the town in which the property is located, permit number, if a permit was issued, and the department's file number and name if available; and

b.A copy of the reconsideration decision, permit decision, and the department's findings in support of its decision on reconsideration;

(7) For an appeal of a decision to issue or deny a permit, variance, or redevelopment waiver under RSA 483-B:

a.Identification of the department's decision by the name of the applicant, the name of the town in which the property is located, the permit number, if a permit was issued, and the department's file number and name if available; and

b.A copy of the decision;

(8) For an appeal of an order issued under RSA 482-A or RSA 483-B:

a.Identification of the order by the order number, the name of the respondent, and the department's file number and name if available; and

b.A copy of the order;

(9) A clear and concise statement of the relief sought, specifying every ground upon which it is claimed that the decision or order is unlawful or unreasonable;

(10) A concise and explicit statement of the facts and the statutory provisions upon which the council is asked to rely in granting relief;

(11) A brief statement indicating the complexity of the issues presented to the council; and

(12) Certification that a copy of the notice of appeal was delivered to all persons as required by Env-WtC 203.01(c), specifying the name and address to whom each copy was delivered and the date and manner sent.

(b) For purposes of (a)(4)b. and c., above, standing shall be shown by a clear and concise statement as to why the appellant will suffer a direct and adverse affect or injury in fact as a result of the decision that is being appealed in a way that is actual and imminent and is particularized to the appellant and that is more than any impact of the decision on the general public. If the appellant is a group, at least one of its members shall possess standing.

N.H. Code Admin. R. Env-WtC 203.02

#6652-B, eff 12-12-97, EXPIRED: 12-12-05

New. #8534, eff 12-30-05; ss by #9214, INTERIM, eff 7-23-08; ss by #9347, eff 12-10-08