1. (a) An ecological review is required if the DataCheck Tool results letter indicates that a review is needed and:

   1. (1) The project is funded or carried out by any state agency, pursuant to RSA 217-A:7;
   2. (2) The project is funded or carried by the department, pursuant to RSA 212-A:9, III;
   3. (3) Any administrative rules promulgated pursuant to RSA 482-A, RSA 485-A, or RSA 236 require such a review; or
   4. (4) The administrative rules of the department require such a review for a permit, approval, or other written authorization issued by the department.

2. (b) An ecological review is not required if:

   1. (1) The DataCheck Tool results letter indicates either no records were found or no review is required based on the described project;
   2. (2) The department indicates in the DataCheck Tool results letter that the list of conservation measures included is complete and no further review is necessary; or
   3. (3) The applicant is no longer proceeding with the proposed project.

Source. #14473, eff 1-19-26, EXPIRES: 1-19-36