1. (a) An agriculture project shall be a minimum impact project only if:

   1. (1) The application includes:

      1. a. A complete, executed copy of the county conservation district’s cooperator agreement or a conservation practices plan prepared by an applicant’s county conservation district or a certified wetland scientist with an accompanying map showing the proposed project and the existing conservation practices; and
      2. b. An NRCS soils map indicating the project location and the location of poorly drained soils and very poorly drained soils or a certified wetland scientist narrative and plan certifying the project meets Env-Wt 522;

   2. (2) The applicant provides a written certification from either a certified wetland scientist or the county conservation district in which the work is proposed that the project:

      1. a. Meets the requirements of and does not exceed the scope of the Agriculture BMWPs; and
      2. b. Is necessary for or incidental to a preexisting and ongoing bona fide agricultural operation as defined in RSA 21:34-a;
   3. (3) The applicant accepts a permit condition stating that no change in use to a non-agricultural purpose shall occur without obtaining any applicable permits for such use from the department;
   4. (4) The project is not in or adjacent to a PRA, except as provided in Env-Wt 407;
   5. (5) The project will cause alteration only to a wet meadow except as specifically described in the Agriculture BMWPs;
   6. (6) The improvement portion of the project area does not impact more than 3 acres of wetland area and includes no more than 15% very poorly drained soils; and
   7. (7) The project does not impact more than 3,000 SF of wetlands, which may include impacts to streams that qualify to be processed as a minimum impact project, directly adjacent to the improvement which are for access only.

2. (b) An agricultural project shall be a minor impact project only if:

   1. (1) The project includes road impacts greater than 3,000 SF, which may include impacts to streams that qualify as minor impact, and the project provides no more than 5 acres of wet meadow improvements; or
   2. (2) The project involves maintenance of a nonexempt farm pond with a surface area greater than 3,000 SF but no more than 10,000 SF.

3. (c) An agricultural project shall be a major impact project if:

   1. (1) The project requires a waiver of any applicable approval, design, or construction criteria;
   2. (2) The project requires an individual permit from the Army Corps of Engineers under the Clean Water Act, 33 U.S.C. §§ 1251-1376, as amended; or
   3. (3) The project exceeds the minor impact criteria.

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