“Vernal pool” means a surface water or wetland, including an area intentionally created for purposes of compensatory mitigation, that provides breeding habitat for amphibians and invertebrates that have adapted to the unique environments provided by such pools and that:

1. (a) Is not the result of on-going anthropogenic activities that are not intended to provide compensatory mitigation, including but not limited to:

   1. (1) Gravel pit operations in a pit that has been mined at least every other year; and
   2. (2) Logging and agricultural operations conducted in accordance with all applicable New Hampshire statutes and rules; and

2. (b) Typically has the following characteristics:

   1. (1) Cycles annually from flooded to dry conditions, although the hydroperiod, size, and shape of the pool might vary from year to year;
   2. (2) Forms in a shallow depression or basin;
   3. (3) Has no permanently flowing outlet;
   4. (4) Holds water for at least 2 continuous months following spring ice-out;
   5. (5) Lacks a viable fish population; and
   6. (6) Supports one or more primary vernal pool indicators, or 3 or more secondary vernal pool indicators.

Source. (See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.44)