1. (a) In order to determine the appropriate impact classification of a project and the type of approval required, if any, the person responsible for a proposed project shall:

   1. (1) Have all wetlands delineated and classified by a certified wetland scientist unless:

      1. a. The project is conditionally exempt under Env-Wt 309.02; or
      2. b. The project is exempt from delineation requirements under Env-Wt 406.03;

   2. (2) Determine whether the subject property is or contains a priority resource area, by determining whether the subject property:

      1. a. Contains any documented occurrences of protected species or habitat for such species, using the DataCheck tool at https://www4.des.state.nh.us/NHB-DataCheck/;
      2. b. Is a bog;
      3. c. Is a floodplain wetland contiguous to a tier 3 or higher watercourse;
      4. d. Is a designated prime wetlands or a duly-established 100-foot buffer; or
      5. e. Is a sand dune, tidal wetland, tidal water, or undeveloped tidal buffer zone;
   3. (3) For projects that are subject to Env-Wt 600, conduct the data screening required by Env-Wt 603.03;

   4. (4) Also determine whether the subject property:

      1. a. Is within LAC jurisdiction, unless the project will be conducted pursuant to a notification for minimum impact activities under RSA 482-A:3, V, RSA 482-A:3, XII, or RSA 482-A:3, XVI on land used for agricultural purposes as provided in RSA 483:12-a; or
      2. b. Is within or contains any areas that are subject to time of year restrictions under Env-Wt 307;
   5. (5) For stream crossing projects, also determine the size of the watershed;
   6. (6) For dredge projects, also determine whether the subject property is contaminated; and
   7. (7) For projects for which a standard permit will be sought, also determine whether the project has potential to impact impaired waters, class A waters, or outstanding resource waters.

2. (b) Unless otherwise specified, the determinations required by (a), above, may be made using:

   1. (1) The wetlands permit planning tool, available at https://nhdeswppt.unh.edu/; or
   2. (2) Any other database or source that provides the requisite information.

Source. #12803, eff 12-15-19; amd by #12956, EMERGENCY RULE, eff 12-23-19; amd by #13046, eff 6-2-20; amd by #13124, eff 10-23-20; ss by #13777, eff 10-13-23