Any project classified as minimum impact and listed in Env-Wt 309.06(a) shall be eligible to apply for a lower scrutiny approval (LSA) as authorized by RSA 482-A:11, VI-a or VII and as described in Env-Wt 309 unless:

1. (a) The project includes activities that:

   1. (1) Do not comply with all applicable conditions for the project as specified in Env-Wt 307; or
   2. (2) Do not follow applicable best management practices;
2. (b) Any work in any jurisdictional area was commenced prior to obtaining the applicable approval;

3. (c) The application has not been signed to indicate the right to intervene has been waived by:

   1. (1) The conservation commission; or
   2. (2) If the town in which the project is proposed does not have a conservation commission, the local governing body; or
4. (d) If a PBN is sought for a routine roadway maintenance activity that is within LAC jurisdiction, the application has not been signed to indicate the right to intervene has been waived by the applicable LAC.

Source. #12803, eff 12-15-19; amd by #12954, eff 12-24-19; amd by #13124, eff 10-23-20; ss by #13777, eff 10-13-23