1. (a) No applicant shall request an ecological review from the department unless a DataCheck Tool request has been made and a valid DataCheck Tool results letter has been received.

2. (b) The department shall accept a DataCheck Tool results letter previously issued by the natural heritage bureau if:

   1. (1) It was issued within one year of the submission of a request for an ecological review; and
   2. (2) It was issued for the same project site, project description, and project size, and the permits listed in the request for the DataCheck Tool results remain the same.

3. (c) Subject to (d), below, there shall be a fee of $500 for ecological reviews required pursuant to Env-C 804.01 for the following projects:

   1. (1) Projects that will disturb an area greater than 250,000 square feet as reported on the request form referenced in (f)(1), below;
   2. (2) Linear projects longer than one mile in length; and
   3. (3) Segmented projects with segments of any size separated by one mile or more.

4. (d) There shall be no fee for:

   1. (1) Applicants who are not required to proceed with the ecological review pursuant to Env-C 804.01;
   2. (2) Applicants that only need an ecological review for the purposes of applying for a minimum impact project pursuant to RSA 482-A;
   3. (3) Applicants requesting an ecological review pursuant to Env-C 803.05; or
   4. (4) Any state agency that has a memorandum of understanding or agreement with the department regarding the cost of ecological reviews.
5. (e) If the DataCheck results letter indicated, pursuant to Env-C 803.04(c)(4), that a site survey is required, the applicant shall not submit a request for an ecological review until the site survey and corresponding report are complete, unless the applicant contacts the ecological review section at the department and obtains permission to proceed without a site survey based on the applicant providing justification for why a site survey would not provide information relevant to the ecological review.

6. (f) To proceed with an ecological review pursuant to (c) or (d), above, the applicant shall submit to the department the following information:

   1. (1) A complete "Ecological Review Request" form, NHDES-W-11-002, January 2026, available at: https://onlineforms.nh.gov/?formtag=NHDES-W-11-002;
   2. (2) The information indicated in the DataCheck Tool results letter as needing to be submitted, if applicable;
   3. (3) A detailed written description of the proposed project including but not limited to purpose and proposed land alterations and actions, information about the area to be affected by the project, the activities that require permits or other authorizations, the current status of the project site, any known previous alterations of the site, and any remaining features;
   4. (4) Site photographs that are an example of current conditions with dates and a photograph location plan, showing existing conditions, habitat features, and possible locations of identified threatened and endangered species, if known;
   5. (5) Whether any portion of the project has already begun or been completed;
   6. (6) Any required fee in (c), above, if applicable;
   7. (7) A topographic map identifying the project area at a scale of 1:24,000 or closer, and which shows property lines and the limits of proposed disturbance;
   8. (8) An aerial photograph identifying the current condition of the action area at a scale of 1:24,000 or closer and which shows property lines and the limits of proposed disturbance;
   9. (9) Project site plan sheets showing the area of proposed disturbance, habitat features on the property, location of any proposed new or modified structures, and any delineated wetland or surface waters, along with the estimated total square feet of disturbance;
   10. (10) Any reports created to assess the site, including but not limited to wetland assessments, vernal pool surveys, wildlife or plant surveys, and other site visit observations;
   11. (11) Any other available information, from whatever source, that describes the potential harm of the proposed action on listed species or habitat; and
   12. (12) The conservation measures proposed by the applicant, if known.

7. (g) Unless an online option is provided by the department, requests shall be submitted by email, mail, or hand-delivery to:

   Department of Environmental Services

   Ecological Review Section

   P.O. Box 95

   29 Hazen Drive

   Concord, New Hampshire 03302-0095

   EcologicalReviews@des.nh.gov

Source. #14374, INTERIM, eff 8-26-25; ss by #14473 (formerly Env-C 804.01), eff 1-19-26, EXPIRES 1-19-36