1. (a) The following projects shall be classified as major:

   1. (1) All new overwater structure construction in tidal waters/wetlands; and
   2. (2) Any maintenance, repair, or replacement of an existing legal docking structure that requires review by the ecological review section of department or National Marine Fisheries Service for potential impacts to a protected species or habitat.

2. (b) Maintenance, repair, and replacement in-kind of existing legal docking structures shall be classified as minimum impact, provided:

   1. (1) No work is proposed that would be prohibited under RSA 482-A:26;
   2. (2) No change in location, configuration, construction type, or dimensions is proposed;
   3. (3) No authorization is required from NHF&G to amend the standard time of year restriction in Env-Wt 307.04; and

   4. (4) The applicant certifies in writing that:

      1. a. The existing structures would be considered grandfathered in their current configuration and have not been abandoned; or
      2. b. The existing structures were constructed pursuant to a previously-issued wetlands permit and have not been abandoned.

3. (c) Maintenance, repair, or replacement in-kind of an existing legal docking structure shall be classified as a minor impact if the project:

   1. (1) Exceeds any of the criteria in (b), above; or
   2. (2) Requires review by the ecological review section of the department or National Marine Fisheries for potential impacts to a protected species or habitat.

Source. #12806, eff 12-15-19; ss by #14349, INTERIM, eff 8-26-25; ss by #14471, eff 1-2-26, EXPIRES: 1-2-36