1. (a) To meet the requirement of no significant net loss pursuant to RSA 482-A:11, IV, no form of off-site compensatory mitigation or in-lieu fee mitigation payment shall be allowed for any minor or major project proposed to have permanent impacts to a prime wetlands/buffer.
2. (b) For any minor or major project proposed in a prime wetlands/buffer, compensatory mitigation for unavoidable permanent impacts shall meet the requirements of Env-Wt 800, subject to (c) through (f), below.
3. (c) Any applicant proposing a project in a prime wetlands/buffer that requires compensatory mitigation shall undertake on-site mitigation to ensure compliance with RSA 482-A:11, IV.
4. (d) The applicant shall obtain concurrence from the local conservation commission, if any, or the local governing body for any proposed mitigation plan for impacts to designated prime wetlands/buffer.
5. (e) If the applicant is not able to obtain concurrence as specified in (d), above, the department shall hold a public hearing to receive comments, impact analysis, and wetlands evaluation on the mitigation proposal.
6. (f) Any project that is exempt pursuant to RSA 482-A:11, IV(d) shall not be required to provide mitigation for unavoidable permanent impacts that are less than the level of significant net loss.

Source. (See Revision Notes #1 and #2 at chapter heading for Env-Wt 700) #12807, eff 12-15-19; ss by #13946, eff 4-27-24