N.H. Code Admin. R. Env-Wt 310.01
EXP Submission Requirements
Effective Jan 2, 2026#12803, eff 12-15-19; amd by #12954, eff 12-24-19; amd by #12976, eff 1-22-20; amd by #13124, eff 10-23-20; ss by #13777, eff 10-13-23; ss by #14349, INTERIM, eff 8-26-25; ss by #14471, eff 1-2-26, EXPIRES: 1-2-36Wetlands Programs
To obtain an EXP, the applicant shall submit to the department:
- (a) A completed Form NHDES-W-06-052, “Expedited Minimum Impact (EXP) Wetlands Permit Application”, dated January 2026:
(b) Information on the proposed project location, including:
- (1) A copy of town tax map showing the location of the proposed project in relation to abutters;
- (2) A list of abutters’ names and mailing addresses to cross-reference with the tax map;
- (3) A copy of the appropriate USGS map with the property and project clearly marked;
(4) Photos that:
- a. Clearly show the area to be impacted;
- b. Are mounted or printed no more than 2 per sheet on 8.5 inches x 11 inches paper; and
- c. Are annotated to explain impact; and
- (5) The DataCheck Tool results containing the identification number from the department as well as documentation of any ecological review requests made to the department pursuant to Env-C 800, communications and information related to the requested ecological review, and the results of the ecological review pursuant to Env-C 800;
(c) Information on the proposed project, including:
- (1) Identification of the applicable minimum impact provision(s) in Env-Wt 500, Env-Wt 600, or Env-Wt 900 and the project-specific information required by those provision(s);
- (2) An accurate drawing showing the precise location, with detailed dimensions clearly annotated to document existing site conditions and to show the proposed impacts to the jurisdictional areas;
(3) An accurate drawing to show the impact of the proposed activity on jurisdictional areas, including the following:
- a. An overview of the property and proposed impact areas in relation to property lines;
- b. The scale, if any, used on the drawing;
- c. If the drawing is not to scale, the dimensions of all existing and proposed structures, existing and proposed topography, and all other relevant features necessary to clearly define the project;
- d. A labeled north-pointing arrow to indicate orientation;
- e. A legend that clearly indicates all symbols, line types, and shading used on the plan;
- f. The location of the jurisdictional areas delineated and associated wetland delineation notes, in accordance with Env-Wt 400;
- g. The proposed construction sequence including pre-construction through post-construction activities and the relative timing and progression of all work;
- h. The location and type of siltation and turbidity controls indicated graphically and labeled or annotated as necessary;
- i. For any project using a temporary coffer dam and for any repair of a tier 3 stream crossing, the date, signature, and seal of the licensed professional engineer who prepared or had responsibility for the plan(s);
- j. For restoration/enhancement projects, the information required to be shown on a map by Env-Wt 525;
- k. For tidal minimum impact projects, the information required to be shown on a map by Env-Wt 600;
- l. For minimum impact stream crossing projects, the information required to be shown on a map by Env-Wt 900; and
- m. Plans or documentation showing that impacts have been avoided and minimized to the maximum extent practicable per Env-Wt 313.03(a); and
(4) As applicable:
- a. The type of dock construction;
- b. The diameter of culvert(s) to be used for road or driveway crossings;
- c. The additional information specified in Env-Wt 522 for minimum impact agricultural applications;
- d. Plans for maintenance of retaining walls, as specified in Env-Wt 514;
- e. Specifications and plans for maintenance of rip-rap, as required by Env-Wt 514; and
- f. Any other project-specific plan, cross section, or information required under Env-Wt 500;
(d) A signed statement by the applicant certifying, in addition to the certifications specified in Env-Wt 311.11, that:
- (1) The proposed project meets the conditions and limits of the applicable minimum impact project rule;
- (2) All abutters have been notified;
- (3) If the project is to repair or replace a docking structure, the docking structure is an existing legal structure;
- (4) The proposal is the alternative with the least adverse impact to jurisdictional areas, as required by Env-Wt 313.03;
- (5) The project is not an after-the-fact application;
(6) The project is:
- a. Not located in a PRA; or
- b. Is located in a PRA but is subject to a classification adjustment under Env-Wt 407.02 or a project-type exception (PTE) under Env-Wt 407.04; and
- (7) The applicant is aware of the limits of the EXP and understands and will comply with all conditions in the EXP and all applicable conditions in Env-Wt 307;
- (e) The application fee for minimum impact projects as required by RSA 482-A:3, I;
- (f) As of December 24, 2019, a statement signed by the town or city clerk of the municipality in which the property is located or, if the property is located in more than one municipality, by the city or town clerk of each such municipality, certifying that the municipality has received a hard copy and digital copy of the application including all attachments;
- (g) A signed statement by the county conservation district or certified wetland scientist, where required by the appropriate minimum impact project rule, certifying compliance with all conditions of that rule;
- (h) A signed statement from the municipal conservation commission or, if there is no conservation commission, the local governing body, certifying that the municipality waives its right to intervene on the project, which may be submitted via email, or an indication by the applicant that they are applying for a minimum impact application under the processing timelines for a standard permit application under Env-Wt 311; and
- (i) A signed statement from the LAC, if the project is within LAC jurisdiction, certifying that the LAC has received a copy of the application from the applicant and waives its right to intervene on the project.
Source. #12803, eff 12-15-19; amd by #12954, eff 12-24-19; amd by #12976, eff 1-22-20; amd by #13124, eff 10-23-20; ss by #13777, eff 10-13-23; ss by #14349, INTERIM, eff 8-26-25; ss by #14471, eff 1-2-26, EXPIRES: 1-2-36