1. (a) Unless exempt pursuant to RSA 482-A:3, IV, or unless allowed as a conditionally authorized maintenance project under Env-Wt 309.02, a constructed pond shall become a jurisdictional wetland and may be maintained as a minimum impact project if the following conditions are met:

   1. (1) The pond is an existing legal pond;
   2. (2) The pond is an active man-made pond;
   3. (3) The entire pond is not located in a PRA, except as provided in Env-Wt 407;
   4. (4) The pond does not exceed 20,000 SF;
   5. (5) The project is within the original footprint of the existing pond; and
   6. (6) Dredged material will be placed outside of wetlands jurisdiction.
2. (b) If the project meets (a)(1), above, but does not meet (a)(2)-(4), above, the project shall be classified in accordance with Env-Wt 407.
3. (c) A pond that is not an existing legal pond shall not be maintained unless an after-the-fact permit is obtained for the construction of the pond, which shall be classified as provided in Env-Wt 519.08.

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