In addition to meeting the applicable conditions established in Env-Wt 300, the department shall not approve an application to construct or install a water access structure unless the following criteria are met:

1. (a) The project is not listed as a prohibited activity in Env-Wt 306; and

2. (b) The applicant demonstrates that:

   1. (1) The water access structure will not contribute sand or sediment to the adjacent surface water;
   2. (2) Any new water access structure, exclusive of any associated stairs, shall not impact a wetland, watercourse, or bank of a watercourse; and
   3. (3) Any new water access structure, or modification of an existing structure, proposed within protected shorelands will comply with RSA 483-B and Env-Wq 1400.

Source. #12805, eff 12-15-19; amd by #13124, eff 10-23-20; ss by #13776, eff 10-13-23