1. (a) Compensatory mitigation requirements shall be satisfied by:

   1. (1) An in-lieu fee payment to the ARM Fund;
   2. (2) A permittee-responsible mitigation project that uses restoration, enhancement, upland buffer preservation and/or wetland creation to offset the losses to aquatic resource function and values; or
   3. (3) A combination of both.

2. (b) The preferred method of compensatory mitigation shall be an in-lieu fee payment, which shall be used unless:

   1. (1) The in-lieu fee payment option is not available under RSA 482-A for the impacted resource type;
   2. (2) Impacts are proposed to a designated prime wetland or its duly-established 100-foot buffer and the municipality recommends against the use of in-lieu payment for reasons consistent with RSA 482-A; or
   3. (3) An applicant proposes a permittee-responsible mitigation project and demonstrates that the project meets all applicable criteria for permittee responsible mitigation established in Env-Wt 803.

3. (c) After consultation with the department in accordance with Env-Wt 311.02 and the US Army Corps of Engineers in accordance with Env-Wt 803.08(c), an applicant shall demonstrate:

   1. (1) That the in-lieu fee payment amount has been calculated as specified in accordance with Env-Wt 803.07 as applicable; or
   2. (2) For permittee-responsible mitigation, through evidence and documentation, that the requirements of Env-Wt 803 shall be met.

Source. #8911, eff 6-20-07; ss by #9717, eff 5-25-10; ss by #11000, eff 2-1-16; ss by #12808, eff 12-15-19 (See Revision Notes #1 and #2 at chapter heading for Env-Wt 800); ss by #13774, eff 10-13-23