Section Pes 505.05 - Form Special Permit Application-Right-of-Way/Woodland Areas(a) Application for approval for treatment of rights-of-way and woodland areas shall be made on form Special Permit Application-Right-of-Way/Woodland Areas provided by the division.(b) Applications shall be submitted: (1) At least 120 days prior to the date of proposed treatment; or(2) At least 60 days prior to the date of proposed treatment in situations where: a. The treatment will not be made during the months of June 15 through September 30; orb. The type of application pursuant to Pes 505.06(b) is not subject to the notification requirements of Pes 505.06.(c) Applications for the control of invasive species as listed within Agr 3802.01 NH Prohibited Invasive Species, New Hampshire restricted invasive species as described within RSA 430:53 IV, Common Reed (Phragmites australis, formerly P. communis), or Purple Loosestrife (Lythrum salicaria), shall be exempt from (b) above.(d) Applicants seeking approval of treatments to rights-of-way shall provide the following information and accompanying documentation:(1) Designation of area to be treated;(2) Name and address of contractor employed to apply pesticides;(3) Labels for products to be utilized;(4) The current U.S. Geological Survey map of a scale of no less than 1:24000 or 1:25000 if metric, if available, or maps of an appropriate scale and scope to allow decision-making delineating:c. The following sensitive areas:1. Public wells within 400 feet of the proposed treatment area used for drinking or domestic purposes;2. Surface waters or their tributaries used for public water supply;5. Watersheds of public water supplies;(5) Method of notification to be utilized pursuant to Pes 505.06;(6) A copy of the notification request coupon pursuant to Pes 505.06(f)(5)g. used in the notification process; and(7) Detailed information as to method of application, description of property, schedule of treatment, and reason or need for treatment.(e) Information submitted in support of proposed treatment shall be complete and accurately represent the facts, and any falsification of information shall result in denial, or revocation after opportunity for a hearing, of the special permit.(f) The division shall act upon the permit application in accordance with RSA 541-A:29, where decisions to grant or deny a permit are based upon the criteria specified in Pes 603.02(a)(1)-(7) and (9).(g) In the event of a public health emergency, application for a special permit shall be in accordance with Pes 505.05(a), (d) (1)-(4) and (7), (e), and (h).(h) In the event of a public health emergency the division shall act upon a special permit application in accordance with Pes 505.05(f), and: (1) Prioritize the order of review such that those applications that are perceived to have the greatest impact on human health shall be processed first; and(2) Transmit the permit, if granted, to the applicant by fastest practicable means such as facsimile, electronic mail, or U. S. mail.N.H. Admin. Code § Pes 505.05
#4866, eff 7-19-90; ss by #6258, eff 5-30-96; ss by #6698, eff 2-28-98; amd by #7341, EMERGENCY, eff 8-7-00 EXPIRED: 2-3-01
New. #7553, eff 9-5-01; ss by #8131, eff 8-13-04; ss by #9712-B, eff 5-11-10
Ss by #10333, eff 5/10/2013.Amended by Volume XXXVII Number 10, Filed March 9, 2017, Proposed by #12122, Effective 2/28/2017, Expires 2/28/2027.