1. (a) Dredging in tidal waters or tidal wetlands shall not be allowed unless the primary purpose of the dredging is to:

   1. (1) Maintain or improve a FNP that provides a public benefit to commercial and industrial shipping, commercial fishing, existing working waterfront areas, or homeland security;
   2. (2) Construct, maintain, or improve a marina, private association, or public facility; or
   3. (3) Remediate contamination, remove storm-driven sediment, or maintain intake and outflow infrastructure.

2. (b) Dredging in tidal waters or tidal wetlands shall not be approved unless:

   1. (1) The project meets standard conditions of Env-Wt 307 and avoidance and minimization techniques in Env-Wt 607.02;
   2. (2) The project applicant participates in and follows guidance provided in a pre-application meeting with the department or the New Hampshire dredge management task force; and

   3. (3) The project is sponsored by the state so that:

      1. a. All applications to the department for dredging of FNPs in tidal waters or tidal wetlands are submitted by the DP&H pursuant to RSA 12-G:45; and
      2. b. All other dredging projects in tidal waters/wetlands have DP&H sponsorship or authorization for another entity, such as a municipality or private person, to act as an agent to apply for a permit from the department.

Source. #12806, eff 12-15-19