1. (a) For any project that has not been completed when ownership or legal authority to undertake the project is to be transferred, either the transferor or the transferee may initiate a transfer of the permit.

2. (b) To effect a transfer, the person initiating the transfer shall submit a written request to the department that contains:

   1. (1) The name, mailing address, and daytime telephone number including area code of the transferee and, if available, an e-mail address for the transferee;
   2. (2) The name and other identifying information of the transferor as shown on the permit;
   3. (3) The permit number and date; and
   4. (4) The date on which the transfer is expected to occur or did occur.
3. (c) Subject to (d), below, the request submitted pursuant to (b), above, shall be signed and certified by the transferor and the transferee.
4. (d) If the transferor is no longer available to sign the request, the transferee shall submit a copy of the legal documentation that effected the transfer.

5. (e) The department shall transfer the permit within 5 working days after receipt of a request as specified in (b), above, unless:

   1. (1) An enforcement action is pending against the transferor or transferee, unless transferring the permit would facilitate a resolution of the action; or
   2. (2) The department has a reasonable basis to believe that grounds exist to suspend or revoke the permit due to non-compliance with the permit terms, unless transferring the permit would facilitate compliance.
6. (f) If the transfer is approved, the new permittee shall be advised of all conditions, limitations, and special considerations pertinent to the approved project.
7. (g) The department shall submit to the governor and executive council any request for the transfer of a permit for a major project that involves structures in great ponds or public-owned water bodies in the manner prescribed for permits under RSA 482-A:3, II.

Source. #12803, eff 12-15-19; amd by #12954, eff 12-24-19