1. (a) Classification based on size as established in Env-Wt 407.03 shall not apply to any project that meets the requirements for an SPN under Env-Wt 308 and the applicable provisions in Env-Wt 500, however such projects remain subject to Env-Wt 307 and all other qualifying criteria.

2. (b) Classification based on resource type impacted shall not apply to a restoration/enhancement project under Env-Wt 525 that:

   1. (1) Is funded in whole or in part with public funds, whether from a federal, state, or local agency;
   2. (2) Is conducted under the supervision of a New Hampshire state agency established to manage or protect natural resources, the university of New Hampshire, the US Environmental Protection Agency, the US ACE, NRCS, the National Oceanic and Atmospheric Administration (NOAA), the US Forest Service, or the US Fish and Wildlife Service; and
   3. (3) Is not done to restore any area that is subject to a removal or restoration order.

3. (c) Classification based on resource type impacted shall not apply to:

   1. (1) Maintenance, repair, and replacement in-kind of existing legal shoreline structures, whether tidal or non-tidal;
   2. (2) Repair, but not replacement or slip lining, of existing legal stream crossings; or

   3. (3) The projects listed in Table 407-2, below, which shall be classified as specified in Table 407-2, below:

      Table 407-2: Classification Criteria For Specified Projects

      Type of Project

      Classification Criteria Specified In

      Aquatic vegetation control

      Env-Wt 510

      Water access structures

      Env-Wt 511

      Breakwaters

      Env-Wt 512

      Docking structures and accessory docking structures

      Env-Wt 513

      Bank stabilization

      Env-Wt 514

      Dug-in basins/boat houses

      Env-Wt 515

      Trails, paths, and boardwalks

      Env-Wt 517

      Ponds

      Env-Wt 519

      Forestry

      Env-Wt 520

      Utility projects

      Env-Wt 521

      Agriculture

      Env-Wt 522

      Non-tidal Dredging

      Env Wt 523

      Dams

      Env-Wt 526

      Tidal projects including tidal docks, tidal dredging, tidal bank stabilization, sand dunes, coastal lands, and beach maintenance projects

      Env-Wt 600

      Stream crossings

      Env-Wt 900

Source. #12804, eff 12-15-19; amd by #12954, eff 12-24-19