N.H. Code Admin. R. Env-WtC 204.04

Current through Register No. 25, June 20, 2024

Section Env-WtC 204.04 - Summary Dismissal

The council shall summarily dismiss a petition for appeal if:

(a) A deficiency in the form of the petition is not cured as specified in Env-WtC 203.03(d);

(b) The petition was not filed within the time specified in Env-WtC 203.01(b)(1), (c) (1), or (d)(1), as applicable, except that the council may grant a motion filed pursuant to Env-WtC 205.02 to extend the time limit for an appeal of an order issued under RSA 483-B or a decision to issue or deny a permit or request for variance or redevelopment waiver under RSA 483-B;

(c) The council lacks jurisdiction to preside over the particular appeal, such as an appeal of an order or action of the department that is not final or that does not relate to the functions and responsibilities of the department relating to wetlands or protected shorelands;

(d) The appellant does not have standing to pursue the appeal;

(e) The petition fails to identify facts or law that provide a basis for the relief sought;

(f) The parties have settled the appeal but have failed to withdraw the appeal within 20 days of a written request from the council to withdraw the appeal; or

(g) The appellant fails to respond to a written request of the council for a status report within the time specified in the notice, which shall be no less than 20 days from the date of the request.

N.H. Code Admin. R. Env-WtC 204.04

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