N.H. Code Admin. R. Env-Wt 105.02
(b) Upon receipt of a request to review a file pursuant to (a), above, the department shall proceed in accordance with RSA 91-A:4.
Source. (See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Appendix A: Statutes Implemented
Rule Section(s)
State Statute(S) Implemented
Federal Statutes. Regulations Implemented
Env-Wt 101
RSA 482-A:1 and 4
Env-Wt 102
RSA 482-A:1 - 4, 6, 8-34
Clean Water Act, 33 U.S.C. Chapter 26, Subchapter IV, § 1344 (Permits for Dredged or Fill Material); 33 CFR Parts 322 & 323; USACE Gen. Permit No. NAE-2016-02415
Env-Wt 102.32
RSA 482-A:1 - 4, 6, 8 – 27
Env-Wt 102.47
RSA 482-A:1 - 4, 6, 8 – 27; RSA 217-A:7
Env-Wt 103
RSA 482-A:1 - 4, 6, 8-34
Clean Water Act, 33 U.S.C. Chapter 26, Subchapter IV, § 1344 (Permits for Dredged or Fill Material); 33 CFR Parts 322 & 323; USACE Gen. Permit No. NAE-2016-02415
Env-Wt 103.27
RSA 482-A:1 - 4, 6, 8 - 34; RSA 483:8-a, III
Clean Water Act, 33 U.S.C. Chapter 26, Subchapter IV, § 1344 (Permits for Dredged or Fill Material); 33 CFR Parts 322 & 323; USACE Gen. Permit No. NAE-2016-02415
Env-Wt 104
RSA 482-A:1 - 4, 6, 8-34
Clean Water Act, 33 U.S.C. Chapter 26, Subchapter IV, § 1344 (Permits for Dredged or Fill Material); 33 CFR Parts 322 & 323; USACE Gen. Permit No. NAE-2016-02415
Env-Wt 104.04
RSA 482-A:1 - 4, 6, 8 - 34; RSA 483-B
Clean Water Act, 33 U.S.C. Chapter 26, Subchapter IV, § 1344 (Permits for Dredged or Fill Material); 33 CFR Parts 322 & 323; USACE Gen. Permit No. NAE-2016-02415
Env-Wt 105
RSA 91-A; RSA 541-A:16, I(b)
Appendix B: Incorporated References
Rule
Title, Date
Obtain From:
Env-Wt 102.17
Best Management Wetlands Practices for Agriculture, 2019
NH Dept. of Agriculture, Markets & Food
PO Box 2042 - 25 Capitol Street
Concord, NH 03302-2042
Phone: (603) 271-3551
Fax: (603) 271-1109
available at https://www.dot.nh.gov/document/best-management-practices-routine-roadway-maintenance-activities-new-hampshire-2019
Env-Wt 102.18
Wetlands Best Management Practice Techniques For Avoidance and Minimization, 2019
New England Interstate Water Pollution Control Commission (NEWIPCC)
Wannalancit Mills
650 Suffolk Street, Suite 410
Lowell, MA 01854
Phone: (978) 323-7929
Fax (978) 323-7919
Email: mail@neiwpcc.org
available at http://neiwpcc.org/wp-content/uploads/2019/03/Wetlands-BMP-Manual-2019.pdf
UNH Cooperative Extension
Taylor Hall, 59 College Road
Durham, NH 03824
Phone: (603)862-1520
Env-Wt 102.19
New Hampshire Best Management Practices for Erosion Control on Timber Harvesting Operations, 2016
available at https://extension.unh.edu/resources/files/Resource000247_Rep266.pdf
NH Department of Transportation
PO Box 483 | 7 Hazen Drive
Concord, New Hampshire 03302-0483
Phone: (603) 271-3734
Fax: (603) 271-3914
Email: info@dot.nh.gov
Env-Wt 102.20
Best Management Practices for Control of Invasive and Noxious Plant Species, 2018
available at
Env-Wt 102.21
Best Management Practices for Routine Roadway Maintenance Activities in New Hampshire (2019)
available at
NH Dept. of Natural & Cultural Resources
172 Pembroke Road
Concord, NH 03301
Phone: (603) 271-3254
Fax: (603) 271-3553
Email: nhtrails@dncr.nh.gov
Env-Wt 102.22
Best Management Practices for Erosion Control During NH Trail Maintenance and Construction (2017)
available at
Env-Wt 102.23
Best Management Practices Manual Utility Maintenance in and Adjacent to Wetlands and Waterbodies in New Hampshire, 2019
available at https://www.nhdfl.dncr.nh.gov/sites/g/files/ehbemt866/files/inline-documents/dncr-utility-bmps-2019.pdf
Env-Wt 102.29
Natural Communities of New Hampshire, 2nd Edition (2011)
UNH Cooperative Extension
Taylor Hall
59 College Road
Phone: (603) 862-1520
Download at no charge from:
Env-Wt 102.63
Level 2 Ecological Integrity Assessment Manual for New Hampshire: Wetland Systems”, Nichols and Faber-Langendoen, 2017
available at
Env-Wt 102.63
Env-Wt 103.48
Method for Inventorying and Evaluating Freshwater Wetlands in New Hampshire, (revised 2023)
UNH Cooperative Extension
Taylor Hall, 59 College Road
Durham, NH 03824
Phone: (603)862-1520
available at
https://extension.unh.edu/nh-method
Env-Wt 103.01
Classification of Wetlands and Deepwater Habitats of the United States, adapted from Cowardin, Carter, Golet and LaRoe (1979), Wetlands Subcommittee, Federal Geographic Data Committee, August 2013, FGDC-STD-004-2013
Federal Geographic Data Committee, Wetlands Subcommittee
12201 Sunrise Valley Drive
MS 590
Reston, VA 20192
Email: fgdc@fgdc.gov
available at https://www.fgdc.gov/standards/projects/wetlands/nwcs-2013
U.S. Army Corps of Engineers
New England District
696 Virginia Road
Concord, MA 01742-2751
(978)318-8338
available at
Env-Wt 103.02
Wetlands Delineation Manual, Technical Report Y-87-1, Corps of Engineers, January 1987
Env-Wt 103.02
Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Northcentral and Northeast Region, Version 2.0, U.S. Army Corps of Engineers, January 2012
https://usace.contentdm.oclc.org/utils/getfile/collection/p266001coll1/id/7640
Env-Wt 104.15
Identifying and Documenting Vernal Pools in New Hampshire, 3rd Edition, 2016
NH Fish & Game Department
11 Hazen Drive
Concord, NH 03301
Phone: (603) 271-3421
available at
Appendix C: Statutory Definitions
482-A:2
VIII. “Boat slip” means:
(b) On water bodies of 10,000 acres or less, a volume of water 20 feet long, 6 feet wide, and 3 feet deep as measured at normal high water mark and located adjacent to a structure to which a watercraft may be secured.
I. “Commissioner” means the commissioner of environmental services.
I-b. “Department” means the department of environmental services.
IV. “Mean high tide” shall be determined according to the published tables and standards of the United States Coast and Geodetic Survey, adjusted to the locality from such tables.
V. “Municipality” shall include cities, towns, and village districts.
VI. “Person” shall mean any natural person, firm, partnership, association, corporation, company, organization or legal entity of any kind including municipal corporations, governmental departments and agencies, or their subdivisions.
VII. “Sand dune” shall mean a hill or ridge of sand pile up by the wind and commonly found on the seacoast.
IX. “Structure” means, notwithstanding any other provision of law, something installed, erected, or constructed, but shall not include a bench, landing with dimensions no larger than 10 feet wide by 10 feet long, or stairs with a width not exceeding 6 feet, provided that such benches, landings, or stairs are installed, erected, or constructed without regrading or recontouring of the shoreline and are not over water. Structures include, but are not limited to, the following: fence, dock, breakwater, post, pile, building, bridge, culvert, and wall.
X. “Wetlands” means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
XI. “Wetland functions” means the practical measurable values of wetlands. The 12 primary wetland functions are ecological integrity, wetland-dependent wildlife habitat, fish and aquatic life habitat, scenic quality, educational potential, wetland-based recreation, flood storage, groundwater recharge, sediment trapping, nutrient trapping/retention/transformation, shoreline anchoring, and noteworthiness.
483:4
VIII. “Designated river” means that portion of a perennial river which has been specifically designated by the general court pursuant to RSA 483:15.
XVIII. “River corridor” means the river and the land area located within a distance of 1,320 feet of the normal high water mark or to the landward extent of the 100 year floodplain as designated by the Federal Emergency Management Agency, whichever distance is larger.
483-B:4
XI-e. “Ordinary high water mark” means the line on the shore, running parallel to the main stem of the river, established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the immediate bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. Where the ordinary high water mark is not easily discernable, the ordinary high water mark may be determined by the department of environmental services.
485-A:2
XIV. “Surface waters of the state” means perennial and seasonal streams, lakes, ponds, and tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, water courses, and other bodies of water, natural or artificial.
487:16
II. The term “exotic aquatic weeds” includes only those species of vascular aquatic plants which were not part of New Hampshire’s native aquatic flora before 1950. Cabomba caroliniana and Myriophyllum heterophyllum are examples of exotic aquatic weeds.
270:59
III. “Mooring” when used as a noun, means a mooring anchor, or other fixed object or stationary point, with or without a mooring buoy together with attached chains, cables, ropes, and pennants and related equipment used for the purpose of securing watercraft.
310-A:2
II. “Professional engineer” means a person who by reason of advanced knowledge of mathematics and the physical sciences, acquired by professional education and practical experience, is technically and legally qualified to practice engineering, and who is licensed by the board or otherwise authorized by this subdivision to engage in the practice of engineering.
310-A:76
II-a. “Certified wetland scientist” means a person who, by reason of his or her special knowledge of hydric soils, hydrophytic vegetation, and wetland hydrology acquired by course work and experience, as specified by RSA 310-A:84, II-a and II-b, is qualified to delineate wetland boundaries and to prepare wetland maps; to classify wetlands; to prepare wetland function and value assessments; to design wetland mitigation; to implement wetland mitigation; to monitor wetlands functions and values; and to prepare associated reports, all in accordance with standards for identification of wetlands adopted by the New Hampshire department of environmental services or the United States Army Corps of Engineers or their successors, and who has been duly certified by the board.
310-A:99
I-a. “Forester” means a person who practices forestry and is licensed under this subdivision, or a person specifically exempted from licensure under RSA 310-A:98, II.
672:6 Local Governing Body.
“Local governing body” means, in addition to any other appropriate title:
I. Board of selectmen in a town;
II. City council or board of aldermen in a city;
III. Village district commissioners in a village district; or
IV. County commissioners in a county in which there are located unincorporated towns or unorganized places.
Appendix D: Federal Definitions
40 CFR §230.3 Definitions.
(l) The term practicable means available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes.
Appendix E: Summary of Abbreviations and Acronyms
Term
Meaning
Agriculture BMWPs
“Best Management Wetlands Practices for Agriculture” dated 2019, published by the NH Department of Agriculture, Markets, and Food
A/M BMPs
“Wetlands Best Management Practice Techniques For Avoidance and Minimization” dated 2019, published by the New England Interstate Water Pollution Control Commission
CPESC specialist
Certified Professional Erosion and Sediment Control specialist - an individual certified by EnviroCert International, Inc.® as competent to develop and implement erosion and sediment control practices
CY
Cubic Yard
Federal classification method
Method established in “Classification of Wetlands and Deepwater Habitats of the United States”, adapted from Cowardin, Carter, Golet and LaRoe (1979), August 2013, FGDC- STD-004-2013
Federal delineation method
Method established in “Wetlands Delineation Manual”, Technical Report Y-87-1, Corps of Engineers, January 1987, and “Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Northcentral and Northeast Region”, Version 2.0, U.S. Army Corps of Engineers, January 2012
Forestry BMPs
“New Hampshire Best Management Practices for Erosion Control on Timber Harvesting Operations” dated 2016, published by the University of New Hampshire Cooperative Extension
HOTL
Highest Observable Tide Line
Invasive Plant BMPs
“Best Management Practices For the Control of Invasive and Noxious Plant Species” dated 2018, published by the NHDOT
Marina BMPs
“Best Management Practices For New Hampshire Marinas” dated 2001, published by the NHDES Pollution Prevention Program
LAC
Local [River] Advisory Committee
LiDAR
Light Detection and Ranging - A surveying method that measures distance to a target by illuminating the target with pulsed laser light and measuring the reflected pulses with a sensor, with the differences in laser return times and wavelengths then being used to make digital 3-D representations of the target.
LF
Linear Foot
NH Method
“Method for Inventorying and Evaluating Freshwater Wetlands in New Hampshire” dated 2013 and revised 2015 and 2016, available at https://nhmethod.org/
NHB
Natural Heritage Bureau of the NH DNCR
NH DNCR
NH Department of Natural and Cultural Resources
NHF&G
NH Fish and Game Department
NHDOT
NH Department of Transportation
NRCS
Natural Resources Conservation Service of the U.S. Department of Agriculture
PBN
Permit-by-Notification (created in the rules)
PRA
Priority Resource Area - a jurisdictional area that:
(f) Is any combination of (a) through (e), above.
Professional engineer
RSA 310-A:2, II. “Professional engineer” means a person who by reason of advanced knowledge of mathematics and the physical sciences, acquired by professional education and practical experience, is technically and legally qualified to practice engineering, and who is licensed by the board or otherwise authorized by this subdivision to engage in the practice of engineering.
Routine Roadway BMPs
“Best Management Practices for Routine Roadway Maintenance Activities in New Hampshire” dated 2019, published by the NHDOT
SF
Square Foot
SPN
Statutory Permit-by-Notification (established in RSA 482-A)
Subject property
(b) For all other projects for which any kind of permit is required, the parcel(s) of land on which the project will occur or has occurred.
Trail BMPs
“New Hampshire Best Management Practices for Erosion Control During Trail Maintenance and Construction” dated 2017, published by the NH DNCR
US ACE
U.S. Army Corps of Engineers
USGS
United States Geological Survey
Utility BMPs
“Best Management Practices Manual, Utility Maintenance in and Adjacent to Wetlands and Waterbodies in New Hampshire” dated 2019, published by the NH DNCR
WAP
Wildlife Action Plan prepared and published by NHF&G
Water Quality BMPs
Recommended practices for minimizing or preventing the direct or indirect discharge of sediment or other pollutants into surface waters and wetlands, including those listed in Env-Wt 307 and the Agriculture BMPs, Forestry BMPs, Marina BMPs, Invasive Plant BMPs, Roadway Maintenance BMPs, Trail BMPs, and Utility BMPs, as applicable
WPPT
Wetlands Permit Planning Tool - a GIS tool that provides access to data for planning projects near or in jurisdictional areas, available at https://nhdeswppt.unh.edu