(b) If the person holding the permit or SPN wishes to extend the permit or SPN, the person shall do so in accordance with Env-Wt 314.05, provided that:

1. (1) The information necessary to support the request to extend the waiver shall be as specified in Env-Wt 706.02 or Env-Wt 706.04 for the initial request, as applicable; and

2. (2) The procedures and criteria for considering the request shall be as specified in Env-Wt 706.03 or Env-Wt 706.05 for the initial request, as applicable.

   Source. (See Revision Notes #1 and #2 at chapter heading for Env-Wt 700) #12807, eff 12-15-19

   Appendix A: State Statutes Implemented

   Rule Section(s)

   State Statute(S) Implemented

   Env-Wt 701

   RSA 482-A:1; RSA 482-A:3; RSA 482-A:11; RSA 482-A:15

   Env-Wt 702

   Env-Wt 703

   RSA 482-A:15

   Env-Wt 704

   Env-Wt 705

   Env-Wt 706

   RSA 482-A:11

   Appendix B: Incorporated References

   Rule

   Title (Date)

   Obtain From:

   702.01(c)(2)a.

   Method for Inventorying and Evaluating Wetlands in New Hampshire (2015)

   University of New Hampshire Cooperative Extension
   Taylor Hall, 59 College Road

   Durham, NH 03824
   Phone: (603) 862-1520

   Available at no charge at: https://extension.unh.edu/nh-method

   702.01(c)(2)b.

   Method for the Evaluation and Inventory of Vegetated Tidal Marshes in New Hampshire (1993)

   Audubon Society of New Hampshire

   84 Silk Farm Road

   Concord, NH 03301

   Available at no charge at:

   https://www.govinfo.gov/content/pkg/CZIC-qh87-3-m48-1993/pdf/CZIC-qh87-3-m48-1993.pdf

   Appendix C: Statutory Definition

   482-A:15

   I-a. For the purposes of this chapter, “prime wetlands” shall mean any contiguous areas falling within the jurisdictional definitions of RSA 482-A:2, X and RSA 482-A:4 that, because of their size, unspoiled character, fragile condition, or other relevant factors, make them of substantial significance. A prime wetland shall be at least 2 acres in size, shall not consist of a water body only, shall have at least 4 primary wetland functions, one of which shall be wildlife habitat, and shall have a width of at least 50 feet at its narrowest point. The boundary of a prime wetland shall coincide, where present, with the upland edge of any wetland, as defined in RSA 482-A:2, X, that is part of the prime wetland. On-site verification of proposed prime wetland boundaries shall be performed where landowner permission is provided.

   Appendix D: Other Statutory Provisions

   482-A:1 Finding of Public Purpose. – It is found to be for the public good and welfare of this state to protect and preserve its submerged lands under tidal and fresh waters and its wetlands, (both salt water and fresh-water), as herein defined, from despoliation and unregulated alteration, because such despoliation or unregulated alteration will adversely affect the value of such areas as sources of nutrients for finfish, crustacea, shellfish and wildlife of significant value, will damage or destroy habitats and reproduction areas for plants, fish and wildlife of importance, will eliminate, depreciate or obstruct the commerce, recreation and aesthetic enjoyment of the public, will be detrimental to adequate groundwater levels, will adversely affect stream channels and their ability to handle the runoff of waters, will disturb and reduce the natural ability of wetlands to absorb flood waters and silt, thus increasing general flood damage and the silting of open water channels, and will otherwise adversely affect the interests of the general public.

   482-A:11 Administrative Provisions. –

   …

   IV. (a) The department shall not grant a permit with respect to any project to be undertaken in an area mapped, designated, and filed as a prime wetland pursuant to RSA 482-A:15, or within 100 feet of any prime wetland where a 100 foot buffer was required at the time of designation, unless the department first notifies the local governing body, the planning board, if any, and the conservation commission, if any, in the municipality within which the wetlands lie, either in whole or in part, of its decision. Any such permit shall not be issued unless the department is able, specifically, to find clear and convincing evidence on the basis of all information considered by the department, and after a public hearing, if a public hearing is deemed necessary under RSA 482-A:8, that the proposed project, either alone or in conjunction with other human activity, will not result in the significant net loss of any of the values set forth in RSA 482-A:1. This paragraph shall not be construed so as to relieve the department of its statutory obligations under this chapter to protect wetlands not so mapped and designated.

3. (b)

   1. (1) A property owner may request from the department a waiver from subparagraph (a), under rules adopted by the department, to perform forest management work and related activities in the forested portion of a prime wetland or its 100-foot buffer, where such buffer was required at the time of designation, that do not qualify under the notification of forest management or timber harvest activities having minimum wetlands impact process. The request for the waiver shall include, but not be limited to:

      (A) A sketch of the property depicting the best approximate location of each prime wetland and its 100-foot buffer, where such buffer was required at the time of designation, in which work is proposed and the location of proposed work, including access roads;

      (B) A written description of the work to be performed and a copy of the notice of intent to cut, if applicable; and

      (C) A list of the prime wetland values as identified by the municipality in designating each prime wetland under RSA 482-A:15.

   2. (2) A waiver shall be issued only when the department is able to determine there will be no significant net loss of wetland values as identified in subparagraph (b)(1)(C) and RSA 482-A:1. If the department determines that the proposed work may cause a significant net loss of wetland values, the department may require the submittal of additional information. The department may place conditions on the waiver that it deems necessary to protect the prime wetland resource and shall set the term of the permit.
   3. (3) At the time that the waiver request is submitted to the department, the applicant shall also submit a copy of the waiver request and all supporting documentation, via certified mail, to the local governing body, the planning board, if any, and the conservation commission, if any, of the municipalities in which any prime wetlands associated with the application are located. Where a prime wetland associated with the application extends into an abutting property, the property owner requesting the waiver shall provide notice to the owner of that abutting property. A waiver shall not be issued by the department prior to 14 days from its receipt of the waiver request. A municipal conservation commission may request an extension on such waiver issuance, not to exceed 14 days.

   4. (4) The department shall adopt rules under RSA 541-A relative to:

      1. (i) Methods for determining whether a proposed forest management project may result in a significant net loss of wetland values.
      2. (ii) Conditions that may be placed on a waiver when deemed necessary to protect the prime wetland resource.
      3. (iii) Criteria for granting extensions of waiver issuances pursuant to RSA 482-A:11, IV(b)(3).

      4. (iv) Specified criteria for identifying abutters and subsequent notification.

         (B) Filing fees for waiver applications.

      (A) The process and criteria for considering and granting waiver requests made pursuant to RSA 482-A:11, IV(b)(1), including:

4. (c) A property owner may request a waiver from the department, under rules adopted by the department under RSA 541-A, from the provisions of this chapter to perform work not addressed under subparagraph (b) within a portion of any 100-foot buffer of a prime wetland on his or her property as provided in subparagraph (a). At the time of the waiver request, the property owner shall notify, by certified mail, the local governing body, the planning board, if any, and the conservation commission, if any, of the municipalities in which the waiver is being sought that a waiver is being sought from the department. Where a buffer associated with the application extends into an abutting property, the property owner requesting the waiver shall provide notice to the owner of that abutting property.

5. (d) Department of transportation impacts associated with maintenance projects within the limits of existing rights of way and/or permanent easements shall not be subject to the hearing requirements, nor to provide mitigation, provided the project otherwise adheres to the requirements of RSA 482-A:11, IV(a). The issuance of permits for such projects shall not require prior notification of the conservation commission or local governing body.

   482-A:15 Local Option; Prime Wetlands.

   I. (a) Any municipality, by its conservation commission, or, in the absence of a conservation commission, the planning board, or, in the absence of a planning board, the local governing body, may undertake to designate, map, and document prime wetlands lying within its boundaries, or if such areas lie only partly within its boundaries, then that portion lying within its boundaries. The conservation commission, planning board, or governing body shall give written notice to the owner of the affected land and all abutters 30 days prior to the public hearing, before designating any property as prime wetlands.

   …

   II. Any municipal conservation commission or that local body which has mapped and designated prime wetlands in accordance with paragraph I may, after approval by any town or city council meeting, file such maps and designations with the department, which shall accept and maintain them and provide public access to such maps during regular business hours. The procedure for acceptance by the local legislative body of any prime wetland designations as provided in paragraph I shall be the same as set forth in RSA 675:2 or RSA 675:3, as applicable.

   Appendix E: Summary of Abbreviations and Acronyms

   Term

   Meaning

   Agriculture BMWPs

   “Best Management Wetlands Practices for Agriculture” dated 2019, published by the NH Department of Agriculture, Markets, and Food

   A/M BMPs

   “Wetlands Best Management Practice Techniques For Avoidance and Minimization” dated 2019, published by the New England Interstate Water Pollution Control Commission

   CPESC specialist

   Certified Professional Erosion and Sediment Control specialist - an individual certified by EnviroCert International, Inc.® as competent to develop and implement erosion and sediment control practices

   CY

   Cubic Yard

   Federal classification method

   Method established in “Classification of Wetlands and Deepwater Habitats of the United States”, adapted from Cowardin, Carter, Golet and LaRoe (1979), August 2013, FGDC- STD-004-2013

   Federal delineation method

   Method established in “Wetlands Delineation Manual”, Technical Report Y-87-1, Corps of Engineers, January 1987, and “Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Northcentral and Northeast Region”, Version 2.0, U.S. Army Corps of Engineers, January 2012

   Forestry BMPs

   “New Hampshire Best Management Practices for Erosion Control on Timber Harvesting Operations” dated 2016, published by the University of New Hampshire Cooperative Extension

   HOTL

   Highest Observable Tide Line

   Invasive Plant BMPs

   “Best Management Practices For the Control of Invasive and Noxious Plant Species” dated 2018, published by the NHDOT

   Marina BMPs

   “Best Management Practices For New Hampshire Marinas” dated 2001, published by the NHDES Pollution Prevention Program

   LAC

   Local [River] Advisory Committee

   LiDAR

   Light Detection and Ranging - A surveying method that measures distance to a target by illuminating the target with pulsed laser light and measuring the reflected pulses with a sensor, with the differences in laser return times and wavelengths then being used to make digital 3-D representations of the target.

   LF

   Linear Foot

   NH Method

   “Method for Inventorying and Evaluating Freshwater Wetlands in New Hampshire” dated 2013 and revised 2015 and 2016, available at https://nhmethod.org/

   NHB

   Natural Heritage Bureau of the NH DNCR

   NH DNCR

   NH Department of Natural and Cultural Resources

   NHF&G

   NH Fish and Game Department

   NHDOT

   NH Department of Transportation

   NRCS

   Natural Resources Conservation Service of the U.S. Department of Agriculture

   PBN

   Permit-by-Notification (created in the rules)

   PRA

   Priority Resource Area - a jurisdictional area that:

6. (a) Has documented occurrences of protected species or habitat;
7. (b) Is a bog;
8. (c) Is a floodplain wetland contiguous to a tier 3 or higher watercourse;
9. (d) Is a designated prime wetlands or a duly-established 100-foot buffer zone;
10. (e) Is a sand dune, tidal wetland, tidal water, or undeveloped tidal buffer zone; or

11. (f) Is any combination of (a) through (e), above.

    Professional engineer

    RSA 310-A:2, II. “Professional engineer” means a person who by reason of advanced knowledge of mathematics and the physical sciences, acquired by professional education and practical experience, is technically and legally qualified to practice engineering, and who is licensed by the board or otherwise authorized by this subdivision to engage in the practice of engineering.

    Routine Roadway BMPs

    “Best Management Practices for Routine Roadway Maintenance Activities in New Hampshire” dated 2019, published by the NHDOT

    SF

    Square Foot

    SPN

    Statutory Permit-by-Notification (established in RSA 482-A)

    Subject property

12. (a) For projects in surface water for which any kind of permit is required, the parcel(s) of land adjacent to and associated with the area in which the project will occur or has occurred; or

13. (b) For all other projects for which any kind of permit is required, the parcel(s) of land on which the project will occur or has occurred.

    Trail BMPs

    “New Hampshire Best Management Practices for Erosion Control During Trail Maintenance and Construction” dated 2017, published by the NH DNCR

    US ACE

    U.S. Army Corps of Engineers

    USGS

    United States Geological Survey

    Utility BMPs

    “Best Management Practices Manual, Utility Maintenance in and Adjacent to Wetlands and Waterbodies in New Hampshire” dated 2019, published by the NH DNCR

    WAP

    Wildlife Action Plan prepared and published by NHF&G

    Water Quality BMPs

    Recommended practices for minimizing or preventing the direct or indirect discharge of sediment or other pollutants into surface waters and wetlands, including those listed in Env-Wt 307 and the Agriculture BMPs, Forestry BMPs, Marina BMPs, Invasive Plant BMPs, Roadway Maintenance BMPs, Trail BMPs, and Utility BMPs, as applicable

    WPPT

    Wetlands Permit Planning Tool - a GIS tool that provides access to data for planning projects near or in jurisdictional areas, available at https://nhdeswppt.unh.edu/Html5Viewer/index.html?viewer=WPPT.gvh