In addition to meeting the applicable criteria established in Env-Wt 300, the department shall not approve an application for a trail, pathway, or boardwalk project unless the following criteria are met:

1. (a) The project:

   1. (1) Avoids and minimizes impacts in accordance with Env-Wt 313.03;
   2. (2) Is located away from lakes, rivers, river banks, tidal waters, marshes, and scrub-shrub wetlands to the greatest extent practicable, unless Env-Wt 517.06(a)(6) applies; and
   3. (3) Will be conducted in accordance with the Trail BMPs, available as noted in Appendix B; and

2. (b) For coastal boardwalk projects:

   1. (1) The project is located at municipal, county, state, or federally owned facilities only; and
   2. (2) The design is consistent with Env-Wt 600 and RSA 482-A:1.

Source. #12805, eff 12-15-19