1. (a) As specified in RSA 485-A:17, I, an application for an AOT permit shall be filed at least 30 days prior to the proposed starting date of the proposed activities, and no activities shall commence without prior approval of the application by the department.

2. (b) The applicant for an AOT permit shall submit a complete application, as specified in (c), below, to the department at the following address:

   DES Water Division

   Attn: Alteration of Terrain Program

   29 Hazen Drive

   P.O. Box 95

   Concord, NH 03302-0095

3. (c) A complete application shall include:

   1. (1) A completed application form as specified in Env-Wq 1503.06, signed as specified in Env-Wq 1503.10;
   2. (2) The plans and other information specified in Env-Wq 1503.07 and Env-Wq 1503.09, as applicable;
   3. (3) If the applicant has authorized another to act as the applicant’s agent, a copy of the written authorization;

   4. (4) Proof that a copy of the application has been delivered to the governing body of each municipality in which the project is proposed as required by (e), below, and, if required by (f), below, the appropriate local river advisory committee, consisting of:

      1. a. A copy of the certified mail receipt, for each copy that was sent certified mail;
      2. b. A copy of the delivery confirmation, for each copy that was sent via a private delivery service; or
      3. c. A statement signed by the applicant that the copy was delivered in hand, for each copy that was hand-delivered; and
   5. (5) The fee required by RSA 485-A:17, II(a).

4. (d) The applicant shall obtain an application form:

   1. (1) From the department’s public information center; or
   2. (2) From the department’s website.
5. (e) The applicant shall send a copy of the application as described in in (c)(1) and (2), above, to the governing body of each municipality in which the proposed project is located prior to filing the application with the department.

6. (f) If any portion of a project is located within a river corridor of a designated river as defined in RSA 483, the applicant shall send a copy of the application as described in (c)(1) and (2), above, to the appropriate local river advisory committee as follows:

   1. (1) If the applicant is applying for a standard AOT permit, any time prior to filing the application with the department; and
   2. (2) Subject to (g), below, if the applicant is applying for a permit by notification, at least 40 days prior to filing the application with the department.

7. (g) An applicant for a permit by notification may submit their application before the 40 days in (f)(2), above, has ended if the applicant has:

   1. (1) Received comments from the local river advisory committee and provided a response letter to the local river advisory committee on how the comments were addressed; or
   2. (2) Received written documentation from the local river advisory committee that it supports the application and submits the documentation with their application.

8. (h) Upon receipt of a complete application for an AOT permit, the department shall send notice to:

   1. (1) Affected municipalities in accordance with RSA 541-A:39; and
   2. (2) If any portion of the project is located within a river corridor of a designated river as defined by RSA 483, to the rivers coordinator as required by RSA 483:12-a.

Source. #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36