- (a) For the projects listed in (d), below, that require both an EXP or standard permit under RSA 482-A and a shoreland permit under RSA 483-B, the applicant may file the individual permit applications for the project concurrently, with a written request to process the applications together.
(b) As of December 24, 2019, concurrently filing the applications with a request to process the applications together shall constitute:
- (1) A waiver by the applicant of the shorter time frame, if application processing timelines are different for each permit program under the 2 statutes and their implementing rules; and
- (2) Agreement by the applicant that any request for additional information by the department under either or both statutes shall affect the review timeframe of both applications being processed together.
- (c) The department shall concurrently process applications for projects listed in (d), below, that are filed together with a request to process the applications together.
(d) The following projects shall be eligible for the optional process established by this section:
(1) Non-tidal water access structures, provided the applicant has attended a pre-application meeting with the department and the department has determined that:
- a. The shoreline and bank were previously modified in such a way that defining the jurisdictional limit under RSA 482-A is difficult;
- b. The project proposes significant temporary impacts in protected shorelands for the exclusive purpose of accessing areas that will be impacted by activities subject to RSA 482-A; and
- c. The project appears to comply with the applicable requirements of RSA 482-A, the wetlands rules, RSA 483-B, and Env-Wq 1400; and
- (2) Projects located within an upland portion of the tidal buffer zone.
Source. #12803, eff 12-15-19; amd by #12954, eff 12-24-19