1. (a) Subject to (b), below, projects eligible for a PBN shall:

   1. (1) Total less than 150,000 square feet of disturbance, as calculated by Env-Wq 1503.12, and not located within the protected shoreland as defined in RSA 483-B:4; or
   2. (2) Be a solar project with a total generation capacity of less than or equal to 5 megawatts (MW) and not located within the protected shoreland as defined in RSA 483-B:4.

2. (b) A project meeting the criteria in (a) shall not be eligible for a PBN if the project:

   1. (1) Is an excavation or mining of earth materials project;
   2. (2) Includes an unpermitted disturbance that meets Env-Wq 1503.02(e);
   3. (3) Has a documented, outstanding violation of RSA 482-A, RSA 483-B, RSA 485-A:17, or RSA 485-A:29-44 or an administrative rule implementing those provisions; and
   4. (4) Requires a waiver to the application of a rule in Env-Wq 1500.
3. (c) All projects eligible for a PBN shall meet the design requirements of Env-Wq 1500.
4. (d) For any project that qualifies for a PBN, the applicant may apply for a full AOT permit as specified in Env-Wq 1503.05.

Source. #14472, eff 1-19-26, EXPIRES: 1-19-36