155-E:4 Prohibited Projects. –
The regulator shall not grant a permit:
I. Where the excavation would violate the operational standards of RSA 155-E:4-a;
II. For excavation within 50 feet of the boundary of a disapproving abutter or within 10 feet of the boundary of an approving abutter unless approval is requested by said abutter;
III. When the excavation is not permitted by zoning or other applicable ordinance, provided, however, that in municipalities which have commercial earth resources on unimproved land within their boundaries, and which do not provide for opportunities for excavation of some of these resources in at least some, but not necessarily all areas within the municipality, or in municipalities which have zoning ordinances which do not address the subject of excavations, excavation shall be deemed to be a use allowed by special exception as provided in RSA 674:33, IV, in any non-residential areas of the municipality, and the zoning board of adjustment shall grant such a special exception upon a finding that:
(a) The excavation will not cause a diminution in area property value or unreasonably change the character of the neighborhood;
(b) The excavation will not unreasonably accelerate the deterioration of highways or create safety hazards in the use thereof;
(c) The excavation will not create any nuisance or create health or safety hazards; and
(d) The excavation complies with such other special exception criteria as may be set out in applicable local ordinances.
IV. When the issuance of the permit would be unduly hazardous or injurious to the public welfare;
V. Where existing visual barriers in the areas specified in RSA 155-E:3, III would be removed, except to provide access to the excavation;
VI. Where the excavation would substantially damage a known aquifer, so designated by the United States Geological Survey;
VII. When the excavation requires land use permits from state or federal agencies; but the regulator may approve the application when all necessary land use permits have been obtained; or
VIII. Where the project cannot comply with the reclamation provisions of RSA 155-E:5 and 155-E:5-a.