1. (a) Subject to (b)-(f), below, this chapter shall apply as of December 15, 2019 to any person who undertakes or proposes to undertake any dredge, fill, or construction activities, or any combination thereof, in a jurisdictional area.

2. (b) The approval criteria in this chapter shall apply to:

   1. (1) Any application filed on or after December 15, 2019; and
   2. (2) Any application filed prior to December 15, 2019 that is not administratively complete, as determined under Env-Wt 310.02 or Env-Wt 312.02, as applicable, as of December 15, 2019, regardless of when the completeness determination is made.
3. (c) NH DOT projects that qualify for a statutory permit by notification (SPN) or the registration process established in Env-Wt 309.03 through Env-Wt 309.05 but have not been initiated prior to December 15, 2019 shall be undertaken pursuant to the requirements of this chapter.
4. (d) NH DOT projects for which an application has been filed prior to December 15, 2019 shall be subject to the design, approval, and construction criteria in effect on the date of filing, provided the application is complete within 6 months of December 15, 2019, regardless of when the completeness determination is made.

5. (e) If NH DOT believes that one or more projects in the planning stages for which an application has not been filed as of December 15, 2019 should be subject to the design, approval, and construction criteria in effect prior to December 15, 2019, NH DOT shall submit a list in writing to the department of all such projects, that includes for each project:

   1. (1) The location of the proposed project;
   2. (2) A brief description of the project and the purpose of the project, outlining the anticipated scope of work to be performed and whether impacts are expected to be temporary or permanent;

   3. (3) The anticipated dates on which:

      1. a. An application for the project will be filed; and
      2. b. The project will be advertised to bid; and
   4. (4) The specific requirements in the 2019 rules that are not practicable to comply with and for each, the reason(s) why compliance is not practicable.
6. (f) If NH DOT submits a list pursuant to (e), above, the department shall consult with NH DOT to reach a mutual agreement regarding the design features or other aspects of each project that are not practicable to redesign or otherwise change to meet the requirements of the 2019 rules and so will be subject to the rules in effect prior to December 15, 2019.
7. (g) For each project submitted by NH DOT, the agreement reached pursuant to (f), above, shall be memorialized in writing signed by authorized officials of the department and NH DOT.
8. (h) NH DOT shall submit a copy of the signed agreement required by (g), above, with the relevant application so that the agreement becomes part of the public file.

Source. #12803, eff 12-15-19; ss by #12954, eff 12-24-19; amd by #13124, eff 10-23-20