1. (a) This part shall apply to projects for the removal of native aquatic vegetation (NAV) and exotic aquatic weeds (EAW), as defined in RSA 487:16 and reprinted in Appendix C, and Env-Wq 1302.06, that:

   1. (1) Do not qualify for a conditional exemption under Env-Wt 309.02(c); and
   2. (2) Are required for continued access to a legally established navigable frontage associated with an inland waterbody.
2. (b) This part shall not apply to those projects that require removal or disturbance of the underlying substrate that would constitute dredging covered under Env-Wt 523.

Source. #12805, eff 12-15-19