1. (a) Subject to (b)-(d), below, for purposes of determining the need for an AOT permit or the amount of the fee required by RSA 485-A:17, the amount of area disturbed shall be the sum of the square footage of all areas proposed to be disturbed as part of the total project, including but not limited to areas associated with:

   1. (1) Roads and communal parking areas;
   2. (2) Permanent stormwater controls;
   3. (3) Temporary and permanent methods for protecting water quality;
   4. (4) Utility installation, including wells and septic systems if applicable;
   5. (5) Temporary stockpiles;
   6. (6) Staging areas;
   7. (7) Borrow areas; and
   8. (8) Foundations and lot grading.

2. (b) The department shall accept applications with individual lot excluded from the calculation required by (a), above, only if:

   1. (1) The project is a single family or duplex residential subdivision;
   2. (2) Excluding partial or full lot development that is shown on the plans and included in the calculation required by (a), above, no land disturbance on any individual lot will occur until after all other construction activities that receive stormwater from that lot, including drainage infrastructure, have been completed and stabilized; and
   3. (3) No earth moving activities for the purposes of lot development will occur across lot lines at any time during lot development.

3. (c) For any excavation or mining of earth materials project, any actual or proposed terrain disturbance since May 4, 1981 shall be:

   1. (1) Deemed part of the total project;
   2. (2) Included in the calculation of the amount of area disturbed; and
   3. (3) Shown on the plans submitted for the project.

4. (d) Subject to (b) and (c), above, the amount of area disturbed shall include any actual or proposed terrain disturbance that occurs on the same property as the proposed project or is part of a larger plan of development:

   1. (1) Within 10 years before the commencement of any terrain alteration activity for the proposed project; and
   2. (2) Within 10 years after the terrain alteration activity for the proposed project ends.
5. (e) All areas described in (d)(1), above, and any area(s) described in (d)(2), above, that are already identified at the time of the application shall be shown on the plans for the proposed project.
6. (f) For solar array projects, the amount of area disturbed shall be calculated as the area enclosed by a polygon connecting the outer edges of the entire solar array plus any area of disturbance outside the solar array that meets (a) through (e), above.

Source. #9343, eff 1-1-09; amd by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36