CHAPTER Env-Wt 600 COASTAL LANDS AND TIDAL WATERS/WETLANDS
REVISION NOTE #1:
Document
#5185, effective 7-23-91, changed the heading of Chapter Wt
600 from “Coastal Wetlands” to “Tidal Wetlands”. Doc. #5185 also repealed Parts Wt 602, 603, 604, 605, and 607. The rules in these parts
were amended and incorporated into Chapter Wt 300 by
Document #5186, effective 7-23-91. See
Revision Note #1 at the chapter heading for Chapter Env-Wt
300.
REVISION NOTE #2:
Document #5551, effective 1-5-93,
repealed Part Wt 601 entitled
"Definitions." Many of the
definitions contained in former Part Wt 601 had been
earlier amended and incorporated by Document #5536, effective 12-23-92, into
Part Wt 101 entitled "Definitions." See Revision Note #1 at the part heading for
Part Env-Wt 101.
The prior filings for former Part Wt 601
included the following documents:
#2923, eff 12-10-84
#4297, eff 7-23-87
#5028, eff 12-20-90
Please note that some of the rules in
former Part Wt 601 were out of effect between
12-10-90 and 12-20-90.
REVISION NOTE #3:
Pursuant to a rules
reorganization plan approved by the Director of the Office of Legislative
Services on September 7, 2005, Department rules in Wt
600 filed under Document #8341, effective 4-25-05, were editorially renumbered
subsequently with subtitle Env-Wt denoting the
wetlands program area. The title Wt was discontinued.
REVISION NOTE #4:
Document #12806, effective 12-15-19,
adopted or readopted with amendment all of the rules
in Chapter Env-Wt 600, and changed the chapter
heading from “Tidal Wetlands” to “Coastal Lands and Tidal
Waters/Wetlands.”
The former Chapter Env-Wt 600 established minimal criteria for structures in tidal
waters where the criteria differ from those for structures in non-tidal
waters. Before Document #12806 was
effective, most of the requirements specifically applicable to coastal/tidal
projects were contained throughout the rules under the Env-Wt
subtitle. Document #12806 consolidated
those requirements into Chapter Env-Wt 600, which
also includes more specific requirements for what must be submitted for
projects in coastal areas, similar to Env-Wt 500 for projects in non-tidal areas. This consolidation included readopting with
amendment and renumbering several definitions from Chapter Env-Wt 100 to Chapter Env-Wt 600.
Document #12806 replaces all prior
filings for rules in the former Chapters Wt 600 and
Env-Wt 600.
The prior filings for former Chapter Wt 600 up through Document #8341, effective 4-25-05,
included the following documents:
#2923, eff 12-11-84
#3077, eff 7-26-85
#4297, eff 7-23-87
#4506, eff 10-13-88
#5028, eff 12-20-90
#5185, eff 7-23-91
#5551, eff 1-5-93
#6404, INTERIM, eff 12-21-96, EXPIRED 4-20-97
#6429, eff 1-18-97, INTERIM
#6498-B, eff 4-23-97
#8341, eff 4-25-05
The prior fillings for former Chapter
Env-Wt 600 after Document #8341 was
effective 4-25-05 included the following documents:
#10367, eff 6-26-13
PART Env-Wt 601 PURPOSE;
APPLICABILITY; INCORPORATED DEFINITIONS;
ABBREVIATIONS AND ACRONYMS
Env-Wt
601.01 Purpose. The purpose of this chapter is to protect the
public trust, public health and safety, and the natural resource functions of
New Hampshire’s coastal lands and tidal waters/wetlands, and to preserve the
integrity of such areas, by establishing requirements for resource analysis,
resource management, site alteration, and design and construction of
structures, in order to preserve the productive and protective functions of
this resource area and prevent unreasonable encroachment on surface waters of
the state.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
601.02 Applicability and Intent.
(a) This chapter shall apply as specified in Env-Wt 305.02, provided that “this chapter” shall mean Env-Wt 600.
(b)
This chapter shall apply in addition to all applicable provisions of
Env-Wt 300, Env-Wt 400,
Env-Wt 517 relative to trails and boardwalks, Env-Wt 525 relative to restoration and enhancement, Env-Wt 527 relative to public highways, and Env-Wt 700 through Env-Wt 900 to any
dredging, filling, or construction activities in coastal lands or tidal
waters/wetlands.
(c)
This chapter is intended to implement and complement any applicable
federal requirements, such as the Coastal Zone Management Act, 16 U.S.C. §§
1451-1465 (CZMA).
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
601.03 Incorporated Definitions, Abbreviations
and Acronyms. Any term,
abbreviation, or acronym used in this chapter that is not defined herein but is
defined in Env-Wt 100 shall have the meaning
established in Env-Wt 100, as summarized in Appendix
E.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
PART Env-Wt 602 DEFINITIONS
Env-Wt
602.01 “Accessory structure” means a
structure on the same lot with, and customarily incidental and subordinate to,
the primary structure. The term includes
paths, driveways, patios, any other improved surface, pump houses, gazebos,
woodsheds, garages, and other outbuildings.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
602.02 “Aquaculture” means “aquaculture”
as defined in RSA 211:62-e, II(b), reprinted in Appendix C.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
602.03 “Back dune” means the secondary
complex of ridges or mounds of sand that form from continued wind-blown sand
transport through breaches in the fore dune and across the dune slack area,
typically developing adjacent to a bordering surface water or wetland.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
602.04 “Beach nourishment” means
replenishment of material lost from natural sand beaches due to changes in
currents, storm surge, and coastal erosion.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
602.05 “Coastal areas” means coastal
lands and tidal waters/wetlands, alone or in any combination.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
602.06 “Coastal erosion” means a
geological process that involves the breakdown and removal of material along
shorelines via the movement of water and wind, typically occurring slowly over
an extended period of time but able to occur suddenly
due to events such as landslides and extreme storm events.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
602.07 “Coastal functional assessment
(CFA)” means an evaluation of the jurisdictional coastal natural resource areas
that would be impacted by a proposed project, and recommendations to protect
the areas during and as a result of the project.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.08 “Coastal hazards” means natural phenomena in
coastal areas, such as sea level rise, coastal storms, hurricanes, flooding,
and erosion that occurs rapidly in a single event or gradually, that have the
potential to damage property including infrastructure, degrade the environment
including habitat displacement, and threaten human life or safety.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
602.09 “Coastal lands” means tidal
beaches, tidal flats, tidal shorelines, tidal buffer zones, and sand dunes,
alone or in any combination.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
602.10 “Coastal flood risk” means the
likelihood and adverse consequences of flooding from seawater and is a function
of the coastal flood hazard at a location and the exposure and vulnerability of
people and their assets to that hazard.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
602.11 “Commercial tidal dock” means a
docking structure in tidal waters/wetlands that is associated with a marina,
restaurant, business, or other commercial entity. The 3 types of commercial tidal docks are
access points for transient public use, working waterfronts, and marinas.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
602.12 “Developed upland” means an
upland area on a lot within the tidal buffer zone or sand dune where:
(a)
The natural soil and vegetation characteristics on more than 50% of the
lot have been legally altered and have not returned to a natural state;
(b)
If the lot is in a tidal buffer zone, developed lots abut at least 2
sides of the lot;
(c)
If the lot is in a dune slack area, the lot is surrounded on 4 sides by
developed lots or roadways;
(d)
If the lot is in a dune, the back side of a fore dune is within the line
of encroachment and the lot is surrounded on 3 sides by developed lots or
roadways; and
(e)
At least one of the following is true:
(1) The lot has legally been filled or excavated
in whole or in part, whether prior to jurisdiction or pursuant to a permit or
other authorization;
(2) The lot contains at least one paved or graded
area that is, has been, or will be used for vehicular parking or traffic; or
(3) One or more residential or commercial
buildings has been built on the lot.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.13 “Dredge
prism” means a 3-dimensional geometric space depicting the volume of sediments
to be dredged.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.14 “Dune
slack area” means the generally flat expanse of dune that develops as a result of breaches in the fore dune that allow
deposition of overwash sand to occur and disperse
horizontally.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.15 “Dune vegetation” means vegetation that is
commonly found in sand dunes, including but not limited to Ammophila
breviligulata (American Beach Grass), Honckenya peploides
(Seabeach Sandwort), Artemisia stelleriana
(Dusty Miller, Beach Wormwood), Chamaesyce polygonifolia (Seaside Spurge), Hudsonia
tomentosa (Beach Heather), Hudsonia ericoides (Beach Heather), Lathyrus japonicus
(Beach Pea), Morella pensylvanica (Bayberry), Prunus maritima
(Beach Plum), Rosa rugosa (Salt Spray Rose), and Rosa virginiana
(Virginia Rose).
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19;
ss by #12954, eff 12-24-19
Env-Wt 602.16 “Federal navigation project (FNP)” means a
project, including any resulting structure or feature, that has been
specifically authorized by the U.S. Congress in federal enactment, such as the
River and Harbor Appropriation Act of 1899.
The term includes projects undertaken by the US ACE and projects
undertaken by others but adopted as an FNP.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.17 “Fertilizer” means any substance, other than
limestone, that contains any recognized plant nutrient and is designed or
intended for use in promoting plant growth or health or claimed to have value
in promoting plant growth or health.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.18 “Fore dune” means the primary ridge or mound
of sand closest to the sea, formed by the accumulation of wind-blown sand, that
provides a substrate for the growth of dune vegetation which in turn traps more
sand and allows the dune to grow so as to provide critical
storm surge shoreline stabilization and habitat functions.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.19 “Forming dune” means a small, often ephemeral sand mound on the
backshore, which in a prograding system may develop
into a new fore dune.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.20 “Functionally-equivalent
use” means a use for a new or remodeled structure that:
(a) Maintains the
pre-existing use, for example using an existing residential structure as residential
or an existing commercial structure as commercial; and
(b) If not served by
a public wastewater collection and treatment system, does not increase the
sewage loading.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.21 “Ground
cover” means any herbaceous plant or any woody seedling or shrub generally less
than 3 feet in height. The term does not
include lawns, landscaped areas, gardens, invasive species as listed by the
department of agriculture, markets, and food in accordance with RSA 430:53,
III, exotic aquatic species listed pursuant to Env-Wq
1303, imported organic or stone mulches, or other artificial materials.
Source. (See Revision
Notes #1, #2, #3, and #4 at chapter heading for Env-Wt
600) #12806, eff 12-15-19
Env-Wt 602.22 “High salt
marsh” means a tidal marsh zone located above mean high water and inundated
during periods of extreme high tide and storm surge associated with coastal
storms.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
602.23 “Highest observable tide line
(HOTL)” means a line defining the farthest landward limit of tidal flow, not
including storm events, that can be recognized by indicators such as the
presence of a strand line of flotsam and debris, the landward margin of
salt-tolerant vegetation, or a physical barrier that blocks inland flow of the
tide.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.24
“Impervious surface” means any surface modified by or as
a result of human activity that cannot effectively absorb or infiltrate water. The term includes but is not limited to
roofs, decks, and patios, and, unless specifically designed and maintained to
effectively absorb or infiltrate water, paved, gravel, or crushed stone
driveways, parking areas, and walkways.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.25
“Impervious surface area” means the sum total
of the footprint of each impervious surface that is located within the tidal
buffer zone.
Source. (See Revision Notes #1, #2, #3, and #4 at chapter
heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.26
“Industrial tidal dock” means a docking structure in tidal
waters/wetlands that serves vessels, including tankers, cargo ships, military
vessels, and research vessels, that have a capacity and purpose such that an
advanced and specialized level of structural engineering is required to safely and efficiently allow ship-to-shore and shore-to-ship
transfers. The term includes
tidal docks and infrastructure associated with power plants, fuel tank farms,
cargo holding and transfer, security, and research.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.27
“Landscaping” means the planting of non-invasive ornamental or native
plant species in planting beds created by hand or placement by hand of
ornamental items such as small sculpture or statuary, stepping
stones or stone edging within planting beds, all occurring in a
previously altered area, such as lawn, within the developed coastal
buffer. The term includes gardening.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.28 “Line of
encroachment” means the linear limit of the majority of
existing structure construction toward a resource area.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.29 “Living
shoreline” means a management practice that provides
erosion control benefits, protects, restores, or enhances natural shoreline
habitat, and maintains coastal processes through the strategic placement of
plants, stone, sand fill, and other structural organic materials, maintaining
the continuity of the natural land-water interface while providing habitat
value and protecting against coastal hazards.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.30 “Living
shoreline sill” means a low-elevation structure that is constructed parallel to
the existing shoreline with the primary purpose of stabilizing the toe of a
tidal marsh or coastal bank and which protects
fringe marshes or banks that require a higher degree of stabilization at the
seaward edge. Sills can be made of soft
structural materials such as geotextiles or biologs made from coir fiber, or hard
structural materials such as shell, wood, or stone.
Source. (See Revision
Notes #1, #2, #3, and #4 at chapter heading for Env-Wt
600) #12806, eff 12-15-19
Env-Wt 602.31 “Low
phosphate, slow release nitrogen fertilizer” means
fertilizer that is guaranteed, as indicated on the package label, to contain:
(a) Not more than 2% phosphorus; and
(b) A nitrogen component that is at least 50%
slow-release nitrogen components.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
602.32 “Mean high tide” means “mean high
tide” as defined in RSA 482-A:2, IV, reprinted in Appendix C.
Env-Wt 602.33 “Mean high water” means the average of all
the high water heights observed over the National
Tidal Datum Epoch (NTDE), or over an
equivalent datum derived for stations with shorter series by comparison
of simultaneous observation with a control tide station.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
602.34 “Mean higher high water” means the average of the higher high water height of each tidal day observed over the NTDE,
or over an equivalent datum derived for stations with shorter series by
comparison of simultaneous observations with a control tide station.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.35 “Mean low
water” means the average of all the low water heights observed over the NTDE,
or over an equivalent datum derived for stations with shorter series by
comparison of simultaneous observations with a control tide station.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
602.36 “Mean lower low water” means
the average of the lower low water height of each
tidal day observed over the NTDE, or over an equivalent datum derived for
stations with shorter series by comparison of simultaneous observations with a
control tide station.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.37 “Mean tide level” means the arithmetic mean
of mean high water and mean low water.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.38 “Natural condition” means the condition that
exists without interference with the natural growth and regrowth of
vegetation. The term does not include
lawns or landscaped areas.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.39 “Overdredge” means
the allowable margin of dredge that extends beyond the authorized dimensions of
the dredge prism of a navigation or other dredge project.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.40 “Primary structure” means a structure that is
central to the fundamental use of the property and is not accessory to the use
of another structure on the same property.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.41 “Protected tidal zone” means the tidal buffer
zone established under RSA 482-A and the protected shoreland established under RSA
483-B.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.42 “Public infrastructure” means public roads,
facilities, and constructed landscape that is open to, and maintained to be
used by, the general public.
Source. (See Revision Notes #1, #2, #3, and #4 at chapter
heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.43 “Qualified coastal professional” for the
purposes of conducting coastal functional assessments means a certified wetland
scientist, professional engineer, or coastal scientist who has knowledge, based
on education and experience, of coastal environments and systems that is
sufficient to enable the individual to competently evaluate coastal resources.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
602.44 “Residential tidal dock” means a
docking structure in tidal waters/wetlands that serves private residential
properties, whether individually or as an association such as a homeowners’
association.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
602.45 “Sand dune” means “sand dune” as
defined in RSA 482-A:2, VII, reprinted in Appendix C.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
602.46 “Sea-level rise” means the
increase in sea level primarily caused by 2 factors related to climate change,
namely the added water from melting land ice and expansion of sea water as it
warms.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.47 “Sequential dredging” means the process of
timing and conducting a dredge project in specified order, in a horizontal or
vertical direction, or both, in order to address
environmental conditions that include but are not limited to the tide cycle,
the presence and activity level of fish and wildlife, and weather conditions,
to minimize the biological impact on the natural resources present within the
subject system.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.48 “Special aquatic sites” means inland and
tidal wetlands, mud flats, vegetated shallows having submerged aquatic
vegetation, sanctuaries and refuges, coral reefs, and riffle and pool
complexes.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env- Wt 602.49 “Storm surge” means the height of the sea
during storms such as hurricanes that is above the height expected at that time
and place based on tides alone.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.50 “Submerged aquatic vegetation” means rooted
vegetation that grows in permanently-inundated areas,
such as eelgrass and widgeon grass.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.51 “Tidal beach” means an established recreational
beach area located between mean lower low water and the tidal shoreline break,
typically consisting of expanses of unconsolidated, usually unvegetated,
sediments that are subject to wave action.
Source. (See Revision Notes #1, #2, #3, and #4 at chapter
heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.52 “Tidal buffer zone” means the area identified
in RSA 482-A:4, I as bordering on tidal waters within 100 feet of the highest
observable tide line, which can contain banks, upland areas, bogs, salt marsh,
swamps, meadows, flats, or other lowlands subject to tidal action.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.53 “Tidal dock infrastructure” means infrastructure
associated with a tidal dock to facilitate ship-to-shore and shore-to-ship
transfers. The term includes but is not
limited to piers, catwalks, gatehouses, weigh stations, conveyors, mooring
cells, dolphins, and pipelines or other conduits.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.54 “Tidal flats” means a relatively level
landform composed of unconsolidated mineral and organic sediments, usually
contiguous to the shore, that is alternately flooded and exposed by the tides.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.55 “Tidal flushing” means the influx and outflow
of water associated with the ebb and flow of the tide.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.56 “Tidal marsh” means a marsh in which the
primary source of water is salt water.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.57 “Tidal shoreline” means any land area within
New Hampshire that is subject to the ebb and flow of the tide, extending from
mean lower low water to land above the highest observable tide line. The term includes rocky shores,
unconsolidated vegetated marine or estuarine banks,
and artificial or constructed shorelines such as seawalls, bulkheads, and
rip-rap slopes.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.58 “Tidal surface water” means any surface water
that is subject to the ebb and flow of the tide.
Source. (See Revision Notes #1, #2, #3, and #4 at chapter
heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.59 “Tidal waters/wetlands” means tidal wetlands
and tidal surface waters.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 602.60 “Tidal wetlands” means wetlands whose
vegetation, hydrology, and soils are influenced by periodic inundation of the
tides.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
602.61 “Transient public use access
points” means water-dependent docks or
other structures that are open to the public for temporary berthing, whether
for a fee or not, typically associated with a land-based commercial or public
enterprise. The term includes docks at
public parks, other public docks or ramps, and docks provided by restaurants or
other land-based enterprises.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
602.62 “Working waterfront” means water-dependent
or historic structures that represent a direct and on-going operational
connection to the historical culture of a municipality and its business
community.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
602.63 “Unaltered state” means native
vegetation allowed to grow without cutting, limbing, trimming, pruning, mowing,
or other similar activities except as needed for renewal or to maintain or
improve plant health.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
PART Env-Wt 603 ADDITIONAL APPLICATION INFORMATION FOR PROJECTS IN
COASTAL AREAS
Env-Wt
603.01 Applicability. The applicant for a project in a coastal area
shall provide the information required by this part in addition to the
information required by Env-Wt 311 for a standard
permit, Env-Wt 310 for an expedited permit, or Env-Wt 309 for a lower scrutiny approval, as applicable.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
603.02 Required Information. The applicant shall:
(a)
Provide a written explanation of the purpose of the proposed project,
including the overall goal of the project, the core project purpose including a
concise description of the facilities and work that could impact jurisdictional
areas, and the intended project outcome;
(b)
Specifically identify all natural resource assets in the area proposed
to be impacted and include maps created through a data screening in accordance
with Env-Wt 603.03 and Env-Wt
603.04;
(c)
For standard permit projects, provide:
(1) A CFA report in accordance with Env-Wt 603.04; and
(2) A vulnerability assessment in accordance with
Env-Wt 603.05;
(d)
Explain all recommended methods and other considerations to protect the
natural resource assets during and as a result of project construction in
accordance with Env-Wt 603.04, Env-Wt 311.07, and Env-Wt 313;
(e)
Provide a narrative showing how the project meets:
(1) The standard conditions in Env-Wt 307; and
(2) The approval criteria in Env-Wt 313.01; and
(f)
Provide:
(1) The project design narrative described in
Env-Wt 603.06;
(2) Design plans that meet the requirements of
Env-Wt 603.07;
(3) The water depth supporting information
required by Env-Wt 603.08; and
(4) A statement regarding impact on navigation
and passage required by Env-Wt 603.09.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
603.03 Data Screening.
(a)
In order to determine the
appropriate impact classification of a project and the type of approval
required, if any, the person responsible for a proposed project in a
coastal area shall:
(1) Conduct the data screening required by Env-Wt 306.05;
(2) Identify documented shellfish sites, existing
salt marsh, salt marsh migration pathways, the 100-year floodplain, and eel
grass beds that might be impacted by the proposed project using the WPPT or any
other database or source that provides the requisite information;
(3) Conduct a data screening as described in (b),
below, to identify documented essential fish habitat, and tides and currents
that may be impacted by the proposed project;
(4) Verify or correct the information collected
from the data screenings by conducting an on-site assessment of the subject
property in accordance with Env-Wt 406 and Env-Wt 603.04; and
(5) Determine appropriate projected sea-level
rise and location relative to available 100-year floodplain maps to inform the
vulnerability assessment in Env-Wt 603.05.
(b)
The data screening required by (a)(3), above, shall be done using the links
provided in Table 603-1, below:
Table 603-1: Data Screening
Links for Projects/Activities in Coastal Areas
|
Resource |
Link |
|
NOAA Tides & Currents |
|
|
NOAA Essential Fish Habitat Mapper |
https://www.fisheries.noaa.gov/resource/map/essential-fish-habitat-mapper |
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
603.04 Coastal Functional Assessment
(a)
For minor or major standard permit applications, the applicant shall
submit a CFA report that is based
on the data screening information and
on-site evaluation required by Env-Wt 603.03.
(b) A
CFA for tidal wetlands or tidal waters shall be:
(1) Performed by a certified wetland scientist or
qualified coastal professional; and
(2) Completed using one of the following methods:
a. The US ACE Highway Methodology Workbook, dated
1993, together with the US ACE New England District Highway Methodology
Workbook Supplement, dated 1999, both available as noted in Appendix B; or
b. An alternative scientifically-supported
method with cited reference and the reasons for the alternative method
substantiated.
(c)
For any project that would impact tidal wetlands or tidal waters or
associated sand dunes, the applicant shall:
(1) Use the results of the CFA to select the
location of the proposed project having the least impact to tidal wetlands,
tidal waters, or associated sand dunes;
(2) Design the proposed project to have the least
impact to tidal resources in (1), above;
(3) Where impact to wetland and other coastal
resource functions is unavoidable, limit the project impacts to the least
valuable functions, avoiding and minimizing impact to the highest and most
valuable functions; and
(4) Include on-site minimization measures and
construction management practices to protect coastal resource areas.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 603.05 Vulnerability
Assessment. In accordance with the
NH Coastal Risk and Hazards Commission Science and Technical Advisory Panel
(STAP) Report, Sea-level Rise, Storm Surges, and Extreme Precipitation in
Coastal New Hampshire: Analysis of Past and Projected Future Trends, available
at http://www.nhcrhc.org/stap-report/, as updated by the 2019-2020
New Hampshire Coastal Flood Risk Summary Part I: Science, available at https://scholars.unh.edu/ersc/210/, and Part II: Guidance for Using Scientific Projections, available at https://scholars.unh.edu/ersc/211/, Laws of 2016, 195:1, and best available science for projects located in
coastal areas, the applicant shall:
(a) Determine the time period over which the
proposed project is designed to serve;
(b) Identify the proposed project’s relative risk
tolerance to flooding and potential damage or loss likely to result from the
flooding, to:
(1) Buildings and infrastructure;
and
(2) Salt marshes, sand dunes, and
other valuable coastal resource areas;
(c) Reference the projected sea-level rise from the 2019-2020 STAP
report, Part I: Science, available at https://scholars.unh.edu/ersc/210/, and Part II: Guidance for Using Scientific Projections, available at https://scholars.unh.edu/ersc/211/, and use the best available science and more recent available projected
sea-level rise information that most closely matches the end of the project
design life and the project’s tolerance to risk or loss;
(d) Identify areas of the proposed project site
subject to flooding from the selected sea-level rise projection;
(e) Identify areas that are currently located
within the 100-year floodplain and subject to coastal flood risk;
(f) Describe how the project will consider and
address selected sea-level rise within the project design life, including in
the design plans; and
(g) Where there are conflicts between the
project’s purpose and the vulnerability assessment results, schedule a
pre-application meeting with the department to evaluate design alternatives, engineering
approaches, and use of the best available science and the STAP report in (c),
above, that consider and address the selected sea-level rise.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19;
amd by 13124, eff 10-23-20
Env-Wt
603.06 Project Design Narrative
Required. The applicant shall
provide a project design narrative that includes the following:
(a)
A discussion of how the proposed project:
(1) Uses best management practices and standard
conditions in Env-Wt 307;
(2) Meets all avoidance and minimization
requirements in Env-Wt 311.07 and Env-Wt 313.03;
(3) Meets approval criteria in Env-Wt 313.01;
(4) Meets evaluation criteria in Env-Wt 313.01(c);
(5) Meets CFA requirements in Env-Wt 603.04; and
(6) Considers sea-level rise and potential
flooding evaluated pursuant to Env-Wt 603.05;
(b)
A construction sequence, erosion/siltation control methods to be used,
and a dewatering plan; and
(c)
A discussion of how the completed project will be maintained and
managed.
Source. (See Revision Notes #1, #2, #3, and #4 at chapter
heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
603.07 Design Plans.
(a)
The applicant shall submit design plans for the project in both plan and
elevational views that clearly depict and identify all required elements, as
described in Env-Wt 311 and (b) and (c), below.
(b)
The plan view shall depict the following:
(1) The engineering scale used, which shall be no
larger than one inch equals 50 feet;
(2) The location of tidal datum lines depicted as
a line with the associated elevation noted, based on NAVD 88, derived from https://tidesandcurrents.noaa.gov/datum_options.html, as described in Env-Wt
603.08;
(3) An imaginary extension of property boundary lines
into the waterbody and a 20-foot setback from those property line extensions;
(4) The location of all special aquatic sites at
or within 100 feet of the subject property;
(5) Existing bank contours;
(6) The name and license number, if applicable, of
each individual responsible for the plan, including:
a. The agent for tidal docking structures who
determined elevations represented on plans; and
b. The certified wetland scientist or qualified
coastal professional who completed the CFA report and located the identified
resources on the plan; and
(7) The location and dimensions of all existing
and proposed structures and landscape features on the property.
(c)
The elevational view shall depict the following:
(1) The nature and slope of the shoreline;
(2) The location and dimensions of all proposed
structures, including permanent piers, pilings, float stop structures, ramps,
floats, and dolphins; and
(3) Water depths depicted as a line with
associated elevation at highest observable tide, mean high tide, and mean low
tide, and the date and tide height when the depths were measured.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
603.08 Water Depth Supporting
Information Required.
(a)
Using current predicted NOAA tidal datum for the location, and tying
field measurements to NAVD 88, field observations of at least 3 tide events,
including at least one minus tide event, shall be located to document the range
of the tide in the proposed location showing the following levels:
(1) Mean lower low water;
(2) Mean low water;
(3) Mean high water;
(4) Mean tide level;
(5) Mean higher high water;
(6) Highest observable tide line; and
(7) Predicted sea-level rise as identified in the
vulnerability assessment in Env-Wt 603.05.
(b)
The following data shall be presented in the application project
narrative to support how water depths were determined:
(1) The date, time of day, and weather conditions
when water depths were recorded; and
(2) The name and
license number of the licensed land surveyor who conducted the field
measurements.
(c)
For tidal stream crossing projects, provide water depth information to
show how the tier 4 stream crossing is designed to meet Env-Wt
904.07(c) and (d), and for repair, rehabilitation, or replacement of tier 4
stream crossings, demonstrate how the requirements of Env-Wt
904.09 are met.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
603.09 Statement Regarding Impact on
Navigation and Passage.
(a)
For any major project that proposes to construct a structure in tidal
waters/wetlands or to extend an existing structure seaward, the applicant shall
submit a statement from the pease development
authority division of ports and harbors (“DP&H”) chief harbormaster, or
designee, for the subject location relative to the proposed structure’s impact
on navigation.
(b)
If the proposed structure might impede existing public passage along the
subject shoreline on foot or by non-motorized watercraft, the applicant shall explain
how the impediments have been minimized to the greatest extent practicable.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
PART Env-Wt 604 GENERAL
CRITERIA FOR PROJECT IMPACTS IN COASTAL AREAS
Env-Wt
604.01 General Criteria for Tidal
Beaches, Tidal Shoreline, and Sand Dunes.
(a)
Any person proposing a project in or on a tidal beach, tidal shoreline, or
sand dune, or any combination thereof, shall evaluate the proposed project
based on:
(1) The standard conditions in Env-Wt 307;
(2) The avoidance and minimization requirements
in Env-Wt 311.07 and Env-Wt
313.03;
(3) The approval criteria in Env-Wt 313.01;
(4) The evaluation criteria in Env-Wt 313.05;
(5) The project specific criteria in Env-Wt 600;
(6) The CFA required by Env-Wt
603.04; and
(7) The vulnerability assessment required by Env-Wt 603.05.
(b)
New permanent impacts to sand dunes that provide coastal storm surge
protection for protected species or habitat shall not be allowed except to
protect public safety and only if constructed by a state agency, coastal
resiliency project, or for a federal homeland security project.
(c) Projects in or on a tidal beach, tidal
shoreline, or sand dune shall support integrated shoreline management that:
(1) Optimizes the natural function of the
shoreline, including protection or restoration of habitat, water quality, and
self-sustaining stability to flooding and storm surge; and
(2) Protects upland infrastructure from coastal
hazards with a preference for living shorelines over hardened shoreline practices.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
604.02 General Criteria for Tidal
Buffer Zones.
(a)
The 100-foot statutory limit on the extent of the tidal buffer zone
shall be measured horizontally.
(b)
Any person proposing a project in or on an undeveloped tidal buffer zone
shall evaluate the proposed project based on:
(1) The standard conditions in Env-Wt 307;
(2) The avoidance and minimization requirements
in Env-Wt 311.07 and Env-Wt
313.03;
(3) The approval criteria in Env-Wt 313.01;
(4) The evaluation criteria in Env-Wt 313.05;
(5) The project specific criteria in Env-Wt 600;
(6) The CFA required by Env-Wt
603.04; and
(7) The vulnerability assessment required by Env-Wt 603.05.
(c)
Projects in or on a tidal buffer zone shall preserve the self-sustaining
ability of the buffer area to provide habitat values, protect tidal
environments from potential sources of pollution, provide stability of the
coastal shoreline, and maintain existing buffers intact where the lot has
disturbed area defined under RSA 483-B:4, VI.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19;
amd by #13124, eff 10-23-20
Env-Wt
604.03 General Criteria for Tidal Waters/Wetlands.
(a)
Except as allowed under Env-Wt 606, permanent
new impacts to tidal wetlands shall be allowed only to protect public safety or
homeland security.
(b)
Evaluation of impacts to tidal wetlands and tidal waters shall be based
on:
(1) The standard conditions in Env-Wt 307;
(2) The avoidance and minimization requirements
in Env-Wt 311.07 and Env-Wt
313.03;
(3) The approval criteria in Env-Wt 313.01;
(4) The evaluation criteria in Env-Wt 313.05;
(5) The project specific criteria in Env-Wt 600;
(6) The CFA required by Env-Wt
603.04; and
(7) The vulnerability assessment required by Env-Wt 603.05.
(c)
Projects in tidal surface waters or tidal wetlands shall:
(1) Optimize the natural function of the tidal
wetland, including protection or restoration of habitat, water quality, and
self-sustaining stability to storm surge;
(2) Be designed with a preference for living shorelines
over hardened stabilization practices; and
(3) Be limited to public infrastructure or
restoration projects that are in the interest of the general
public, including a road, a bridge, energy infrastructure, or a project
that addresses predicted sea-level rise and coastal flood risk.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
PART Env-Wt 605 AVOIDANCE AND
MINIMIZATION; COMPENSATORY MITIGATION
Env-Wt
605.01 Avoidance and Minimization Requirements in Coastal Areas. In addition to the avoidance and minimization
requirements in Env-Wt 307, Env-Wt
311.07, Env-Wt 313, and Env-Wt
603.04, projects in coastal areas shall:
(a)
Use results of the CFA required by Env-Wt
603.04 to:
(1) Minimize adverse impacts to finfish,
shellfish, crustacea, and wildlife;
(2) Minimize disturbances to groundwater and
surface water flow;
(3) Avoid impacts that could adversely affect
fish habitat, wildlife habitat, or both; and
(4) Avoid impacts that might cause erosion to
shoreline properties;
(b)
Not impair the navigation, recreation, or commerce of the general public; and
(c)
Minimize alterations in prevailing currents.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 605.02
Additional Requirements for Projects In or Adjacent
to Tidal Waters/Wetlands and Tidal Buffer Zones. An applicant for a permit for work in
or adjacent to tidal waters/wetlands or the tidal buffer zone also shall
demonstrate that the following have been avoided or minimized as required by
Env-Wt 313.04:
(a)
Adverse impacts to beach or tidal flat sediment replenishment;
(b)
Adverse impacts to the movement of sediments along a shore;
(c)
Adverse impacts on a tidal wetland’s ability to dissipate wave energy
and storm surge; and
(d)
Adverse impacts of project runoff on salinity levels in tidal
environments.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
605.03 Impacts Requiring Compensatory
Mitigation.
(a)
Subject to (b), below, compensatory mitigation shall be required for all
impacts to tidal surface waters, tidal wetlands, the tidal buffer zone, or sand
dunes, or any combination thereof, that are intended to remain when the proposed
project is completed.
(b)
Compensatory mitigation shall not be required for:
(1) Minimum impact maintenance activities such as
piling replacement, in-kind structure reconstruction, sediment displacement from
intake structures as described in Env-Wt 516, or
otherwise classified as a minimum impact project;
(2) Restoration or enhancement pursuant to Env-Wt 407.04 and Env-Wt 525;
(3) Maintenance dredge of an existing FNP that is
on an active dredge cycle;
(4) Construction of a tidal docking structure
where the combined total of all surface coverage on the frontage is less than
2,000 square feet (SF);
(5) Work within an altered area of developed
tidal buffer zone located greater than 75 feet from any salt marsh;
(6) Work within an altered area of the developed
tidal buffer zone that is not adjacent to a salt marsh and is less than 10,000
SF of total impact;
(7) A project that is limited to a living
shoreline project that uses non-structural vegetated approaches to hybrid hard
structural natural methods that address erosion and inundation in a manner that
improves or protects the ecological condition of the coastline or replaces lost
tidal resource or tidal marsh functions;
(8) A project that is limited to sand dune
replacement or restoration; or
(9) A project that increases the hydraulic
capacity, aquatic organism passage, or geomorphic compatibility when associated
with upgrading a tier 4 tidal crossing, or opens tidal
restrictions to create new pathways or inundation for tidal marsh migration.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
605.04 Requirements for Compensatory
Mitigation for Projects in Coastal Areas.
(a)
If compensatory mitigation is required, the type of compensatory
mitigation shall be determined in accordance with Env-Wt
801.03(a) or (b), as applicable.
(b)
On-site mitigation shall be performed wherever practicable.
(c)
If on-site mitigation is not practicable and the municipality does not
have a list of local mitigation projects, or if none of the projects on the
list are appropriate mitigation for the applicant’s proposed project, the
applicant shall provide an explanation and documentation relative to:
(1) Why restoration of a disturbed upland tidal
buffer zone is not practicable;
(2) Why restoration, enhancement, or creation of
wetlands, tidal waters, sand dunes, or tidal flats is not practicable;
(3) Why a local stream crossing project cannot be
upgraded to increase hydraulic capacity, aquatic organism passage, or increase
geomorphic capacity;
(4) Why a local project cannot open tidal
restriction to create new pathways for tidal marsh migration when associated
with a land preservation project; or
(5) Why a project does not meet a state or
federal coastal assessment priority, or a recognized conservation priority
project.
(d)
Compensatory mitigation proposals for projects in the tidal buffer zone
shall demonstrate one or more of the following:
(1) Stream crossing upgrades that allow tidal
inflow or a legally protected preservation conservation easement in accordance
with Env-Wt 800 for marsh migration compatible with
projected sea-level rise;
(2) Restoration
of and preservation of an aquatic resource buffer in accordance with Env-Wt 804; or
(3) Replacement or enhancement of buffer functions
or living shorelines by following planting recommendations reflected in
“Guidance for Considering the Use of Living Shorelines”, NOAA, 2015, available
as noted in Appendix B.
(e)
Compliance with maintenance of the waterfront buffer, natural woodland buffer,
unaltered percentage requirements, and impervious surface requirements,
pursuant to Env-Wt 610 relative to tidal buffer zones,
shall not constitute mitigation.
(f)
The applicant shall propose mitigation for proposed impacts that:
(1) Meets or exceeds the minimum compensatory
mitigation ratios stated in Table 800-1; or
(2) Provides an acceptable alternative
compensatory mitigation proposal as described in Env-Wt
803.09.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
PART Env-Wt 606 OVERWATER
STRUCTURES IN COASTAL AREAS
Env-Wt
606.01 Applicability. This part shall apply to all overwater
structures in coastal areas, including residential tidal docks, commercial
tidal docks, and industrial tidal docks and the infrastructure associated
therewith.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
606.02 Avoidance and Minimization
Standards for All Overwater Structures.
(a)
Overwater structures shall be located and designed to avoid impacts to
important wetland and coastal resource functions identified in the CFA report
required by Env-Wt 603.04, including special aquatic
sites, and to minimize any impact that cannot be avoided.
(b)
On frontage that contains or is adjacent to special aquatic sites or
congested or high traffic navigation conditions that require human alteration to
create and maintain access, overwater structures shall be minimized by using
upland boat storage and trailering to a launch point or marina to the greatest
extent practicable.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
606.03 Design Requirements for All
Overwater Structures.
(a)
Overwater structures shall:
(1) Meet the 20-foot property line setback
specified in RSA 482-A:3, XIII(a); and
(2) Not impede the passage of non-motorized
watercraft or channel navigation to a degree that a reasonable person would
find objectionable.
(b)
Commercial tidal docks and industrial tidal docks shall be designed by a
professional engineer.
(c) Any tidal dock infrastructure or specialized
design features related to the unique function of a specific facility, such as
structures on the docks that facilitate public use and control and management
of the facility such as dock master huts, ticket facilities, ADA access, and
information kiosks, shall:
(1) Be substantiated by the applicant with a
justification tied to the specific purpose of the project; and
(2) Be certified by the applicant as meeting
applicable local, industry, and legal standards.
(d)
All floats and floating structures, or sections thereof, shall:
(1) Be positioned waterward of and to avoid all
vegetated wetlands and vegetated shallows;
(2) Not be placed in areas supporting submerged aquatic
vegetation; and
(3) Be located, to the extent practicable, in
water that is sufficiently deep for the intended use while:
a. Avoiding intertidal and shade impacts;
b. Minimizing or eliminating the need for
dredging; and
c. Avoiding displacement of nesting or breeding
habitat, eel grass beds, or essential fish habitat.
(e)
Non-toxic materials such as untreated wood, concrete, or steel shall be
used if at all practicable, as such materials help reflect light under docks
and typically do not release contaminants into the aquatic environment. A design that uses treated wood timbers or
pilings, or both, shall be approved only if the applicant demonstrates that
using non-toxic materials is not practicable.
(f)
To minimize under-structure shading, ambient light transmission under docking
structures shall be facilitated and enhanced by using design features such as
maximizing the height and minimizing the width of the structure, using grated
decking material, using the fewest number of pilings necessary to support the
structures, and aligning docking structure components in a north-south
orientation to allow the path of the sun to cross perpendicular to the length
of the structure and so reduce the duration of shading.
(g)
Open piles placed at least 12 feet apart shall be the least impacting
alternative of permanent docking construction.
(h)
Supporting piles shall occupy 5% or less of the total volume under the
docking structure at mean high water, to allow most wave and current energy to
pass through so as to prevent deepening of the area.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 606.04
Plan Requirements for All Overwater
Structures. In addition to the
approval criteria in Env-Wt 313.01, CFA requirements
in Env-Wt 603.04, vulnerability assessment
requirements in Env-Wt 603.05, and general plan requirements in Env-Wt 311.05 and Env-Wt 603.05,
plans submitted with an application for an overwater structure shall include
the following:
(a)
A plan view, depicting the following:
(1) The location of the landward boundary of the
FNP or, if no FNP is present, the landward boundary of the navigational channel;
(2) The location and dimensions of all existing
shoreline structures on the subject property;
(3) The location and dimensions of all proposed
structures; and
(4) For commercial tidal docks, public docks, and
industrial tidal docks, certification by a professional engineer that the dock
has been designed for its intended use;
(b)
An elevational view, depicting the following:
(1) The location and dimensions of all proposed
structures, including permanent piers, pilings, float stop structures, ramps,
floats, and dolphins; and
(2) The location of the landward boundary of the
FNP or, if no FNP is present, the landward boundary of the navigational channel;
(c)
For dock maintenance projects that are classified as minimum impact under
Env-Wt 606.17, the applicant shall provide the
following information as part of the application:
(1) Application certifications in Env-Wt 311.11;
(2) A plan showing the location and dimensions of
all existing structures;
(3) An identification of those pilings and
structures to be repaired or replaced; and
(4) Photographs showing the repair project from:
a. The docking structures looking waterward; and
b. The end of the dock looking towards the
shoreland attachment; and
(d)
For minor impact dock maintenance projects under Env-Wt
606.04(c), the applicant shall provide the following information as part of the
standard application:
(1) Application certifications in Env-Wt 311.11;
(2) Plans and photographs as described in (c)
above; and
(3) A coastal functional assessment pursuant to
Env-Wt 603.04.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
606.05 Docking Construction Requirements
and Conditions. All tidal docking
construction shall be subject to the following standard construction
requirements and conditions:
(a)
Work shall be done in accordance with the standard conditions in Env-Wt 307;
(b)
Installation shall be done by barge or upland to prevent the driving of
construction equipment in or through tidal waters/wetlands or on the bottom of
the inter-tidal zone;
(c)
Access by construction equipment on the high salt marsh shall be limited
to that provided by Env-Wt 307 and mats shall not be
dragged into location; and
(d)
Construction of docks in or near essential fish habitat shall be subject
to review by NHF&G and the National Marine Fisheries Service for design
recommendations or time of year restrictions.
Source. (See Revision
Notes #1, #2, #3, and #4 at chapter heading for Env-Wt
600) #12806, eff 12-15-19
Env-Wt
606.06 Residential Tidal Docks:
General Criteria
(a)
Residential tidal docks shall be:
(1) For private recreational use associated with
one or more private residences; and
(2) Designed as specified in this part, which
might not result in all-tide access.
(b)
Ramp and float portions of residential tidal docks shall be seasonal and
removed from the water during the non-boating season.
(c)
To reduce the overall number of residential tidal docks and the adverse
impacts to nearshore habitat resulting therefrom, preference shall be given to
residential tidal docks designed to serve multiple properties.
(d)
To demonstrate that a proposed residential tidal dock is the least
impacting alternative, the applicant shall show that the subject property is
not already served by an existing residential tidal dock at the property.
(e)
The location, design, and method of construction for a proposed
residential tidal dock shall:
(1) Be based on the results of the CFA required
by Env-Wt 603.04 so as to avoid negative impacts to valuable
and sensitive coastal wetlands and resources identified in the CFA report, and
to minimize any impacts that cannot be avoided;
(2) Be the least environmentally-impacting
practicable alternative;
(3) Be certified by a professional engineer as having
sufficient structural integrity, based on the results of the vulnerability
assessment required by Env-Wt 603.05, to not break
free as a result of tidal forces encountered during
winter ice and significant storm surges up to and including one percent annual
chance event; and
(4) Not impede the passage of non-motorized
watercraft to a degree that a reasonable person would find objectionable.
(f)
Pile-supported structures and floats shall not be located within 25 feet
of currently-existing or previously-known vegetated
shallows.
(g)
No structure shall extend across 25% or more of the waterway width at
mean low water.
(h)
No structure shall be located within the buffer zone of the horizontal
limits of an FNP, which is 3 times the authorized depth of a constructed FNP as
measured on a horizontal plane.
(i) No structure shall be constructed that
obstructs the rights of passage of foot traffic within the inter-tidal zone,
near shore watercraft users, or obstruct navigation in the channel.
(j)
The following shall not be approved for residential tidal docks:
(1) Lightweight aluminum or similar seasonal pipe
docks;
(2) Cantilevered or crank-up dock systems;
(3) One or more floats, a string of floats, or
floating walkways connected directly to the shore;
(4) Floats that sit directly on the mud at low
tide or on skids that sit directly on the mud at low tide;
(5) Boardwalks over tidal marsh to reach a dock;
and
(6) Boathouses located in or over tidal
waters/wetlands or over slips dug into the shore.
(k)
The density of coverage by residential tidal docks over public trust
waters shall be limited by the following factors:
(1) One structure that meets the property line
setback established in RSA 482-A:3, XIII(a) on each frontage;
(2) The presence of special aquatic sites;
(3) Water depths; and
(4) Compliance with length and square footage
requirements specified in Env-Wt 606.07.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
606.07 Residential Tidal Docks: Design Standards.
(a)
A residential tidal dock shall have one of the following configurations:
(1) A pile-supported fixed pier perpendicular to
the shore, that connects to a ramp, that connects to a float;
(2) A ramp that connects the shore to a float; or
(3) A pile-supported fixed pier parallel to
shore.
(b)
An applicant may propose a fabricated wooden or metal stairway at the
landward end of the dock for access to and from a residential tidal dock, which
the department shall approve as part of the dock permitting process provided:
(1) The width of the stairway does not exceed 6 feet;
(2) Construction over the bank does not require
regrading or recontouring; and
(3) The bottom of the stairs lands above mean high tide.
(c)
The maximum overall structure length including pier, ramp, and float,
measured seaward from the HOTL, shall not exceed the greater of 200 feet or the
length needed to reach water of sufficient depth to allow the terminal section
of the dock to be floating at mean low water.
(d)
The maximum overall footprint of the entire structure of a residential
tidal dock serving a single residence shall not exceed 1,500 SF seaward of the
HOTL, provided that a residential tidal dock proposed to serve a group of
residences may be larger so long as compensatory mitigation is provided for
structures exceeding 2,000 SF.
(e)
For permanent piers:
(1) The maximum width shall not exceed 6 feet;
(2) The maximum length shall not exceed 200 feet;
and
(3) The height-to-width ratio above the substrate
shall be 1:1 or greater.
(f)
Floats may be of any configuration so long as the total square footage
does not exceed 400 SF, provided that an additional 200 SF shall be allowed for
a float serving a group of residences.
Applicants for a residential tidal dock serving more than 4 residences
may request a waiver of the 600-SF limit in accordance with Env-Wt 200.
(g)
All floats shall be designed and installed so as to
prevent substantial changes in their positions from tides and storm events that
are less than hurricane force.
(h)
To prevent mechanical damage or hydraulic damage, or both, to the
substrate from the float(s) during low tides in cases where mean lower low
water is seaward of the terminal float(s) at low tide, or if it is
impracticable or impossible to place floating docks in water deep enough to
avoid contact with the bottom, the design shall include float stops or other
means of suspending the float with 2 feet or more of clearance between the
bottom of the float and substrate, with greater clearances required in higher
energy environments that experience strong wave action.
(i) Float stops shall be marked with buoys to
avoid being hazards to navigation when ramps and floats are removed for the
season.
(j)
Float anchor chains shall be secured to the substrate by helical screw
anchors where practicable. If helical
screw anchors cannot be installed due to rocky bottom conditions, the applicant
shall propose an alternate means of anchoring the floating portion of the dock
and show such means on the plans. If
block anchors are proposed, the anchors shall be identified in the application
as fill.
(k) The spacing between decking components shall
be not less than ¾-inch.
(l)
Minimum spacing between pile bents shall be 12 feet center to center.
(m)
The substrate shall not be shaded by any other structural components not
addressed herein.
(n) Aquaculture structures associated with
residential tidal docks shall be installed within existing legal boat slips.
(o)
Aquaculture structures associated with residential tidal docks that
extend outside the footprint of the originally permitted docking structure and
associated boat slip(s) constitute a modification of the approved docking
structure and shall meet the requirements of Env-Wt
603.02.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
606.08 Commercial Tidal Docks: Local Approvals. Department approval of a new commercial tidal
dock or an expansion of an existing commercial tidal dock shall be in addition
to any approvals required under applicable lawfully-enacted
local land use requirements.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
606.09 Commercial Tidal Docks: Transient Public Use Access Points.
(a)
Proposed transient public use access point structures shall not be
approved unless they provide a benefit to the public, such as a docking
facility that is open to the general public for
transient use.
(b)
The configuration and dimensions for commercial structures shall conform
to the standards in Env-Wt 606.02 and Env-Wt 606.03.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
606.10 Commercial Tidal Docks: Marinas.
(a)
To avoid damage to the environment due to leakage or spills of fuels,
lubricants, waste products, or other pollutants, marinas shall be designed,
constructed, and operated in compliance with all applicable provisions of:
(1) RSA 146-A and Env-Or 300 relative
to aboveground petroleum storage facilities;
(2) RSA 146-C and Env-Or 400 relative
to underground storage facilities;
(3) RSA 147-A and subtitle Env-Hw relative to hazardous waste management;
(4) RSA 483-B and Env-Wq
1400 relative to shoreland protection;
(5) RSA 485-A and Env-Wq
1700 relative to surface water quality; and
(6) RSA 485-A, RSA 485-C, and Env-Wq 401 relative to groundwater best management practices.
(b)
To demonstrate compliance with (a), above, the applicant for marina
construction or expansion may provide the department with evidence of compliance
with the Marina BMPs, available at https://www.des.nh.gov/water/wetlands/technical-assistance.
(c)
With any request for a new or expanded marina or any repairs that go beyond
replacement in-kind, the applicant shall submit a master plan of operations
that includes:
(1) Existing or proposed operational conditions,
which describe how the facility currently meets the definition of marina, as
well as a description of services or activities that exceed the definition,
such as use of slips for aquaculture;
(2) A plan of all permanent and seasonal
structures in plan view, including docking
structures, boat ramps, boat haul out locations, and marine rails or other
structures that are in the water or within the tidal buffer zone, or both;
(3) An operational plan for management of
seasonal structures, including methods and timing of installation and removal
and storage locations;
(4) A spill response action plan;
(5) A stormwater treatment plan; and
(6) A consideration of expansion statement that
addresses whether the facility is at capacity or has the physical space to
expand operations in the future.
(d)
In addition to complying with the applicable design and dimension
standards for residential tidal docks, marinas shall include the following,
designed to comply with the requirements identified in (a), above:
(1) Designated wash areas with wash-water
containment and treatment for all forms of vessel cleaning;
(2) Storm water runoff and treatment designs;
(3) The location of and a management plan for one
or more pump-out facilities;
(4) The location of and a management plan for
abrasive blasting, painting, and hull sanding; and
(5) The location of and a disposal method for oil
and other waste products.
(e)
The density of coverage over public trust lands by structures
constructed within tidal resources shall be limited by the following factors:
(1) One or more structures on frontage, which
shall meet the 20-foot property line setbacks;
(2) Resource limitations identified by the results
of the CFA report;
(3) Water depths as documented in the CFA report
and compliance with length and square footage requirements;
(4) Compensatory mitigation for square footage of
structural coverage below HOTL that exceeds 2,000 SF;
(5) Dock length limitations based on water depth
information; and
(6) Dock width and square footage limitations as
described for residential tidal docks.
(f)
Finger floats shall be used instead of permanent structures where
practicable.
(g)
For a proposal to redevelop an existing or previous marina, all
functions of the marina shall be retained, provided that if the business
function is abandoned or otherwise lost, the property shall be subject to
removal to a level compliant with the residential or commercial transient
access standard.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
606.11 Tidal Docks: Aquaculture at Marinas.
(a)
Aquaculture structures shall be installed within existing legal boat
slips.
(b) Aquaculture structures that extend
outside the footprint of the originally permitted docking structure and associated
boat slip(s) shall:
(1) Constitute a modification of the approved
docking structure; and
(2) Meet the requirements of Env-Wt 603.02.
(c)
If the department approves a proposed aquaculture structure, the department
shall submit the approval to the governor and executive council for review as
provided in RSA 482-A:3, II.
Source. (See Revision Notes #1, #2, #3, and #4 at chapter
heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
606.12 Commercial Tidal Docks: Working Waterfront.
(a)
The dimensions and configurations of a working waterfront facility shall
be based on its use, rather than standard dimensions or configurations. Working waterfront structures may have
non-conforming dimensions or functional features that can be retained or
modified.
(b)
Modifications of working waterfront structures may include remodeling or
repair, or both, so long as the resulting structure has a functionally-equivalent
use.
(c)
No modification shall be allowed that changes a working waterfront
structure into a dwelling unit or restaurant.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
606.13 Industrial Tidal Docks and
Infrastructure.
(a)
With any request for a new or expanded industrial dock or any repairs
that go beyond replacement in-kind, the applicant shall submit the following:
(1) A facility operations plan that describes the
facility’s function, operation, expected vessel usage and capacity in terms of
tonnage, length, and draft, product delivered, and service to the general public;
(2) A facility maintenance plan that identifies
how the facility’s various components will be maintained and the schedule on
which the maintenance will be performed;
(3) An existing facilities conditions plan that
describes the condition of all existing facilities and includes a stormwater
plan that demonstrates proper protection of water quality; and
(4) An emergency response plan that addresses
potential impacts associated with failure of the structure that would result in
environmental harm or would require dredging to remediate and includes:
a. Product control on the regulated structure or
within the regulated area;
b. Spill response;
c. Crash or structure failure; and
d. Dismantling and removal of structures.
(b)
The configuration and dimensions allowed for industrial structures shall
depend upon the use of the structure, as limited by the CFA required in Env-Wt 603.04 and the requirements in Env-Wt 605 relative to avoidance and
minimization.
(c)
The applicant shall submit with the application a consideration of
expansion statement that addresses whether the facility is at capacity or has
the physical space to expand operations in the future.
(d)
The applicant shall:
(1) Identify all federal design standards that apply
to the proposed project, such as from the U.S. Coast Guard, the U.S. Maritime
Administration, and the Maritime Transportation System; and
(2) Certify that the identified requirements have
been or will be met.
(e)
The facility operations plan required by (a)(1), above, shall serve as
the basis for the design justification.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
606.14 Moorings. Any person who wishes to install a mooring
shall direct inquiries to the DP&H or harbor master.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
606.15 Boardwalks. Boardwalks in coastal areas shall meet the
same criteria as specified in Env-Wt 517 for
non-tidal boardwalks.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
606.16 Boathouses and Shoreline Slips. Boathouses in or over tidal waters/wetlands
and slips dug into the shore shall not be approved.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
606.17 Project Classifications.
(a)
The following projects shall be classified as major:
(1) All new overwater structure construction in
tidal waters/wetlands; and
(2) Any maintenance, repair, or replacement of an
existing legal docking structure that requires review by NHF&G, NHB, or
National Marine Fisheries Service and impacts a protected species or habitat.
(b)
Maintenance, repair, and replacement in-kind of existing legal docking
structures shall be classified as minimum impact, provided:
(1) No work is proposed that would be prohibited
under RSA 482-A:26;
(2) No change in location, configuration,
construction type, or dimensions is proposed;
(3) No authorization is required from NHF&G
to amend the standard time of year restriction in Env-Wt
307.04; and
(4) The applicant certifies in writing that:
a. The existing structures would be considered
grandfathered in their current configuration and have not been abandoned; or
b. The existing structures were constructed
pursuant to a previously-issued wetlands permit and
have not been abandoned.
(c)
Maintenance, repair, or replacement in-kind of an existing legal docking
structure shall be classified as a minor impact if the project:
(1) Exceeds any of the criteria in (b), above; or
(2) Requires review by NHF&G, NHB, or
National Marine Fisheries but does not impact a protected species or habitat.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
PART
Env-Wt 607
DREDGING ACTVITIES
Env-Wt
607.01 Applicability. This part shall apply to:
(a)
Maintenance and improvement dredging of Federal Navigation Projects
(FNPs);
(b)
New, improvement, and maintenance dredging associated with non-FNP
projects that is in the direct interest of maintaining commerce for the
well-being of the general public, such as shipping
conveyance of fuel oil or road salt cargo and marinas; and
(c)
Dredging that is necessary to:
(1) Remediate contaminated sites;
(2) Restore storm-driven sediment depositions
that threaten public safety or hinder navigation; and
(3) Maintain intake and outflow infrastructure.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
607.02 Avoidance and Minimization.
(a)
New dredging shall be avoided to the maximum extent practicable.
(b)
Dredging of existing regularly maintained FNP areas that exhibit high
natural resource value shall meet avoidance and minimization techniques in Env-Wt 311.07 and Env-Wt 313.
(c)
All dredging projects shall be in accordance with standard conditions
Env-Wt 307.03 and Env-Wt 307.10,
provided that if the site is known to be a recruitment site for oyster spat,
dredging shall not occur from June 1 through September 15 to accommodate oyster
recruitment and spat development.
(d)
Using data screening in Env-Wt 603.03, dredging
projects shall be screened to avoid shellfish beds, submerged aquatic
vegetation, and essential fish habitat.
(e)
The footprint and volume of material to be dredged shall be reduced to
the maximum extent practicable.
(f)
Sequential dredging shall be used when practicable to avoid dredging
activity during specific time periods in environmentally sensitive areas, to
avoid turbidity and sedimentation, bottom disruption, and noise in sensitive
areas used by fishery resources during spawning, migration, and egg development.
(g)
Avoidance and minimization techniques require avoidance of dredging in
accordance with Env-Wt 607.05 in areas of high
resource value identified by the CFA, including the following resource areas:
(1) Areas that support shellfish beds;
(2) Areas with submerged aquatic vegetation,
areas that historically supported submerged aquatic vegetation, historic and
maintained FNP areas that exhibit high resource value, and publicly funded
restoration sites;
(3) Intertidal and wetland habitat; or
(4) Estuarine/salt marshes, and other high value
habitat areas, including shorebird habitat and nesting areas, essential fish
habitat, and other protected species or habitat.
(h)
New cable and pipeline crossings shall be aligned along the least environmentally
damaging route, specifically to avoid sensitive habitats including rocky reefs,
submerged aquatic vegetation, oyster reefs, shellfish beds, emergent marsh, and
mud flats.
(i) Pipelines and submerged cables shall be
buried where possible to avoid impacts to invertebrate migratory patterns
resulting from pipe exposure.
(j)
Open trenching for pipeline or cable installation shall not be used
unless all other methods are not practicable.
If open trenching is used, a method in which the trench is immediately
backfilled shall be used to reduce the impact duration.
(k)
Existing rights-of-way shall be used whenever possible to lessen overall
encroachment and disturbance of coastal areas.
(l)
Equipment access shall be limited to the immediate project area unless
access requires use of a more environmentally sensitive access.
(m)
No dredged material shall be disposed in areas containing sensitive or
unique marine benthic habitats, including spawning sites, feeding sites, and
surface deposits of cobble or gravel substrate.
(n)
Impacts to tidal waters/wetlands and submerged lands during the
mobilization and demobilization of dredging and other related project equipment
shall be evaluated and minimized.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
607.03 Tidal Dredge Project
Descriptions; Approval Criteria.
(a)
Dredging in tidal waters or tidal wetlands shall not be allowed unless
the primary purpose of the dredging is to:
(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) Construct, maintain, or improve a marina,
private association, or public facility; or
(3) Remediate contamination, remove storm-driven
sediment, or maintain intake and outflow infrastructure.
(b)
Dredging in tidal waters or tidal wetlands shall not be approved unless:
(1) The project
meets standard conditions of Env-Wt 307 and avoidance
and minimization techniques in Env-Wt 607.02;
(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) The project is sponsored by the state so
that:
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
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. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
607.04 Other Application Requirements.
(a)
Prior to finalizing a dredge proposal, the applicant shall conduct an
existing conditions bathymetric survey and submit it with the application to
the department.
(b)
Prior to finalizing a dredge proposal, the applicant shall submit
information regarding the current and historic presence of submerged aquatic vegetation,
as documented by the CFA in Env-Wt 603.04, within and
adjacent to the proposed dredging footprint.
(c)
As specified in RSA 482-A:3, X(b), the application fee for dredging in
tidal waters/wetlands for the purpose of improving navigation for a municipality,
as sponsored by DP&H, shall not exceed $10,000.
(d)
The application fee for all projects not covered by (c), above, shall be
as specified in RSA 482-A:3, I(a)(3).
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
607.05 Additional Information
Required for Dredging Projects.
(a)
In addition to the plan requirements in Env-Wt
603, plans for tidal dredging projects shall include the following:
(1) Location of the state boundary line for
projects proposed in the Piscataqua River or Salmon Falls River;
(2) Location of each sediment sampling location,
with a key to sampling findings;
(3) Projected dredge prism tied to bottom
contours; and
(4) Proposed overdredge,
not to exceed 2 feet.
(b)
Disposal sites adequate to contain the volume of dredged material,
including the volume of allowable over-depth dredging, shall be identified.
(c)
Bankward slopes of the dredged area shall be
no steeper than 3:1 to ensure that sloughing of the channel side slopes does
not occur.
(d)
Fishery habitat functions/services in the project areas, including an
essential fish habitat study, shall be identified and
characterized prior to any dredge and fill activities.
(e)
The impacts of dredge or fills on fishery habitat shall be identified
during proposed project reviews, including alterations of hydrology and water quality
as a result of the proposed project.
(f)
The CFA required in Env-Wt 603.04 shall
include an assessment of the cumulative impact from past, current, and all
reasonably foreseeable future dredge and fill operations that impact aquatic habitats
and an anticipated dredge cycle.
(g)
Sediment from the proposed dredge site shall be characterized according
to the following:
(1) Benthic analysis;
(2) Grain size; and
(3) History of exposure to contamination sources,
whether from a land-based discharge source or in-water source from a spill.
(h)
If the results of the sediment characterization assessment in (g),
above, meet the formula for
potential or known contamination, then testing of the sediment in the proposed
dredge location shall be as required by:
(1) Requirements for land-based solid or
hazardous waste disposal as specified in Env-Sw 100-
2000, Env-Hw 100-1200, and Env-Or 600; and
(2) Regional Implementation Manual for the
Evaluation of Dredged Material Proposed for Disposal in New England Waters, US
EPA New England and US ACE New England District, dated
April 2004, available as noted in Appendix B.
Source. (See Revision Notes #1, #2, #3, and #4 at chapter
heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
607.06 Dredge Methods.
(a)
For non-FNP projects, sediment dispersion modeling shall be done to
characterize sediment resuspension and dispersion during operations, and
modeling outputs shall be used to design operations, including measures to
avoid and minimize impacts from suspended sediment and turbidity on living
marine resources. Sediment dispersion
models shall be field-verified to various sediment and
hydraulic conditions to ensure they have been calibrated appropriately to predict
sediment transport and dispersion.
(b)
Proposed dredging methods shall:
(1) Be based on the nature of the sediment as
determined by sediment characterization, results of contaminant testing,
turbidity transport modeling, and resource vulnerabilities;
(2) Be based on suitability of existing site conditions;
(3) Be based on location and suitability of
disposal options;
(4) Represent the least environmentally-impacting
practicable alternative; and
(5) Be by one of the following means, listed in
descending order of preference:
a. Mechanical closed, or enviro, bucket dredge;
b. Mechanical clamshell dredge;
c. Mechanical open bucket dredge; or
d. Suction dredge.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
607.07 Dredging Contaminated Sites.
(a)
Areas of known contamination shall not be partially dredged, leaving freshly-exposed sources of contamination to be transported
by currents and dispersed into uncontaminated areas.
(b)
For sites identified as contaminated, no dredging of contaminated
sediments shall be allowed without complete removal of all contaminated
material.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
607.08 Sedimentation Control.
(a)
Dredging in fine sediments shall be avoided when possible
to reduce turbidity plumes and the release of nutrients and contaminants that
bind to fine particles.
(b)
All practicable methods for minimizing suspended sediment and turbidity
shall be employed, including closed buckets when appropriate.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 607.09 Sediment Transport and Disposal.
(a)
The applicant shall include in the application an explanation of how the
dredged material will be transported and off-loaded to minimize dispersion of
sediments.
(b)
The CFA report shall be considered when assessing the potential impact
of proposed disposal locations and determining the least impacting disposal
location.
(c)
Sediment disposal shall not negatively impact priority resource areas.
(d)
Any unavoidable negative impacts from sediment disposal shall require
compensatory mitigation.
(e)
The primary acceptable means of disposal for uncontaminated sediments
shall be for beneficial use, such as beach nourishment, dune restoration, and
shoal creation associated with living shorelines.
(f)
Near-shore disposal of dredged material with the intent of creating a berm
to provide a sand source for a nearby sandy beach shall be considered
beneficial use.
(g)
If dredged materials will not be beneficially used, the disposal
location shall be:
(1) Appropriate to the nature of the material;
and
(2) Identified in the application.
(h)
Contaminated sediment shall be disposed of at a facility authorized to
accept such material.
(i) For non-FNP requests to place dredged
material in state waters, the applicant shall evaluate the site evaluation
criteria developed for selection or designation of dredged material disposal
sites in accordance with 40 CFR 228 and EPA’s ocean dumping program described
for Region I at https://www.epa.gov/ocean-dumping/managing-ocean-dumping-epa-region-1.
Source. (See Revision Notes #1, #2, #3, and #4 at chapter
heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
607.10 Project Classifications.
(a)
Except as provided in (b), below, all forms of dredging in tidal
waters/wetlands shall be classified as major.
(b)
Removal of sediments surrounding an intake or outflow structure shall be
classified as minimum impact provided:
(1) The sediments are removed by means of
hand-held suction equipment;
(2) Work is limited to the immediate mouth of the
structure; and
(3) The footprint of the activity does not exceed
500 SF.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
PART Env-Wt 608 TIDAL BEACH
MAINTENANCE AND STABILIZATION
Env-Wt
608.01 Maintenance and Stabilization
Activities on Public Tidal Beaches.
(a)
Removal of seaweed, algae, or other debris (beach debris) from public
tidal beaches shall not require a permit under RSA 482-A:3, provided:
(1) All work is done:
a. By the state or local agency responsible for
maintaining the public beach, or its authorized agent, not by private land owners;
b. Between April 15 and October 15; and
c. Using the technique most appropriate for the work
that will have the least environmental impact;
(2) No work is done in standing or flowing water;
(3) No work is done within 10 feet of sand dunes
or salt marshes, unless work is in a legally-existing
developed area;
(4) Disturbance and removal of sand or other beach
substrate is minimized to the maximum extent practicable;
(5) Front-end bucket loaders are only used:
a. To collect beach debris if no other
practicable means exist; and
b. To transport beach debris collected by other means;
(6) The state or local agency responsible for
maintaining the beach consults with NHF&G to avoid and minimize potential
impacts to piping plovers and their habitat; and
(7) If the agency responsible for maintaining the
beach intends to use equipment to remove sand or other beach substrate, the
agency provides written notification to the department, which may be via email,
in advance of the work by providing the following information:
a. The date(s) and location of the work;
b. The estimated volume of material to be removed;
c. The method by which the material will be
removed; and
d. The location where the material will be
disposed.
(b)
The use of motorized equipment and machinery to regrade and recontour
public tidal beaches as necessary to maintain the integrity of seawalls by the
NH DNCR, NHDOT, or the authorized agent(s) of either agency, shall not require
a permit under RSA 482-A:3 provided:
(1) No work is done in standing or flowing water:
(2) Wash-outs of materials to adjacent tidal wetlands, waters,
or to adjacent properties is prevented;
(3) No work is done within 10 feet of dunes or
salt marshes, unless work is in a legally-existing
developed area;
(4) The removal of sand or other beach substrate
from the beach is minimized to the maximum extent practicable; and
(5) Prior to commencing the work, the agency
responsible for the work provides written notice to the department, which may
be via email, by providing the following information:
a. The date(s) and location of the work; and
b. The methods and equipment to be used to
perform the work.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
608.02 Project Classification. A project shall be classified as a major project
if it:
(a)
Occurs below the HOTL; and
(b)
Does not qualify as a maintenance or stabilization project under Env-Wt 608.01.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
608.03 Construction of Private Tidal
Beaches Prohibited. No new beach
shall be constructed in or on the tidal shoreline or within the tidal buffer
zone, whether by cutting through vegetation, replacing
or covering natural material with sand fill, replacing or covering natural
ground surface and vegetation with a constructed sand perched beach, changing
contours by excavating the intertidal zone, shoreline, or tidal buffer zone, or
any other means.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
608.04 Beach Nourishment.
(a)
Beach nourishment shall be:
(1) Allowed only on publicly-owned
beaches; and
(2) Authorized only by the state or local agency
responsible for maintaining the beach.
(b) Proposed nourishment material shall be:
(1) Chosen based on compatibility with that of
existing beach material for grain size, shape, and color; and
(2) If not virgin material, tested for
contaminants prior to placement on the beach.
(c)
The slope of the beach after beach nourishment shall mimic the natural
beach profile.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
PART Env-Wt 609 TIDAL
SHORELINE STABILIZATION
Env-Wt
609.01 Tidal Shoreline Stabilization
Requirements. Tidal shoreline
stabilization projects shall:
(a)
Maintain or enhance the natural process functions of the shoreline as
the critical transition zone between the intertidal zone and upland tidal buffer
zone/sand dune regimes;
(b)
Provide wildlife habitat while providing protection against coastal hazards;
(c)
Be compatible with the existing natural land cover and its functions;
(d)
Address the known causes of erosion; and
(e)
Avoid adverse impacts to nearshore ecosystem processes and habitats and
adjacent shoreline.
Source. (See Revision Notes #1, #2, #3, and #4 at chapter
heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
609.02 Hierarchy of Tidal Shoreline
Stabilization Methods. Applications
for tidal shoreline stabilization projects shall demonstrate that:
(a)
The technique or combination of techniques is based on best available
scientific and engineering practices; and
(b)
The proposed technique or combination of techniques addresses:
(1) Results of the avoidance and minimization
narrative required in Env-Wt 311.07, the avoidance,
minimization, and mitigation demonstration required in Env-Wt
313.03 and Env-Wt 313.04, the CFA required in Env-Wt 603.04, and the project design narrative required in
Env-Wt 603.06;
(2) Any causes of erosion that can be identified;
(3) The degree or extent of erosion;
(4) Relative exposure based on shoreline geometry,
shore orientation, intensity of boat traffic, influence of adjacent structures,
storm surge, and extreme precipitation events;
(5) Potential sea-level rise and vulnerability
assessment under Env-Wt 603.05;
(6) Potential marsh migration as
a result of sea level rise as shown on the Sea Level Affecting Marshes
Model (SLAMM) wetlands bureau One-Stop mapper; and
(7) The design requirements of Env-Wt 514.04.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
609.03 Analysis of Existing Structure
Conditions Required. As part of an
application to repair or rehabilitate an existing tidal shoreline stabilization
structure, the engineer or qualified coastal professional shall rate the
condition of the existing structure and the purpose for repair based on the
following:
(a)
The degree of damage or extent of deterioration, as applicable, such as
missing components, cracking, or weeping with erosion;
(b)
Whether the existing installation has functioned as intended;
(c)
Whether opportunities exist to use soft bank stabilization components or
a combination of soft and hard components; and
(d)
The ability of the structure to withstand coastal flood risk in
accordance with the vulnerability assessment required by Env-Wt 603.05.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
609.04 Techniques for Tidal Shoreline
Stabilization.
(a)
Subject to (c), below, tidal shoreline stabilization shall be
accomplished using living shoreline techniques unless the applicant demonstrates
that a living shoreline is not practicable.
(b)
Living shoreline techniques shall include the following:
(1) Soft vegetative bank stabilization, including
regrading and replanting of slopes, in which all work occurs at or above the
mean tide level;
(2) Bioengineered bank stabilization that uses a
combination of live vegetation, shells, woody material, or geotextile matting,
which may include regrading and replanting of slopes with all work occurring at
or above the mean tide level;
(3) Soft vegetative shoreline stabilization that
occurs below mean tide level, which may include fill and soft sill structures
to restore the stabilizing and natural functions of salt marshes; and
(4) Bioengineered shoreline stabilization that
occurs below mean tide level, which may include fill and a combination of live
vegetation, woody material, geotextile matting, and harder structural materials
such as rocks to create a sill at toe of a marsh or bank stabilization project.
(c)
Living shoreline techniques shall be required if the project is to
replace an existing stabilization structure that:
(1) Has not functioned as required by Env-Wt 609.01; or
(2) Is not an existing legal structure.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
609.05 Living Shoreline Design Plans.
(a)
A living shoreline design plan shall be prepared and stamped by a
professional engineer and reviewed relative to delineations of wetlands and
stamped by a certified wetland scientist, in accordance with “Guidance for
Considering the Use of Living Shorelines”, NOAA (2015), available as noted in
Appendix B.
(b)
A living shoreline design plan shall be prepared to show that the
project will:
(1) Use native vegetation, sand fill, and limited
stone or wood as specified in Env-Wt 609.06 to
provide shoreline stabilization and protection;
(2) Mimic the natural landscape and leave natural
vegetation intact to the greatest extent practicable;
(3) If practicable based on the location of the
HOTL, water turbulence, and soil conditions, add vegetation to existing sand
beaches or dunes or construct vegetated sand dunes;
(4) Design the sill to the lowest elevation
possible that still ensures stabilization of the toe of the living shoreline;
(5) Maintain the shoreline’s ability to absorb
and mitigate storm impacts and adapt to the landward progression of the sea;
(6) Minimize or prevent wave reflection toward
abutting properties;
(7) If space and soil conditions allow, cut back
unstable banks to a flatter slope, seed and replant with native, non-invasive
trees and shrubs; and
(8) Provide habitat for wildlife and aquatic
species.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
609.06 Use of Wood and Rock in Living
Shorelines. Large wood debris such
as driftwood, root wads, and natural rock that is comparable to naturally-occurring rock found in the vicinity of the
project may be incorporated into a soft tidal shoreline stabilization design as
matrix material for a bio-engineering bank stabilization technique.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
609.07 Tidal Shoreline Stabilization
Using New Hard-Scape or Rip-Rap.
(a)
The department shall not approve any tidal shoreline stabilization plan
that proposes to install new rip-rap unless:
(1) The applicant demonstrates that:
a. Anticipated turbulence, flows, restricted
space, fetch, or similar factors render soft stabilization methods physically
impractical; and
b. Natural areas or naturalized soft shoreline
stabilization on neighboring properties will not be damaged by the placement of
the proposed rip-rap; or
(2) The rip-rap is a
component used as a sill to stabilize the toe, but is not the primary or
dominant component of a living shoreline stabilization design.
(b)
The applicant proposing to install new rip-rap
shall include with the application:
(1) Evidence of erosion that cannot be stabilized
solely with a soft stabilization design;
(2) A description of anticipated turbulence,
flows, restricted space, fetch, or similar factors that render vegetative and
diversion methods physically impractical;
(3) An assessment of the potential for the
proposed rip-rap to erode the shoreline of neighboring
properties, based on an examination of the shoreline and modeling based on
tides, average wave height and force, and the energy absorption or deflection
ability of the proposed rip-rap;
(4) Specification of:
a. Minimum and maximum stone sizes;
b. Existing contours and final proposed contours;
c. The volume of rip-rap
to be used;
d. The minimum and maximum rip-rap thickness;
and
e. The type and thickness of bedding for the stone;
(5) Cross-section and plan views of the proposed
installation; and
(6) The relationship of the project to fixed
points of reference, abutting properties, and features of the natural shoreline.
(c)
In addition to plan requirements specified in Env-Wt
311, applications to use rip-rap adjacent to tidal water bodies shall:
(1) Include stamped engineering plans; and
(2) If the state holds fee simple ownership, a
stamped survey showing the location of the mean high water tide line on the
shoreline and the footprint of the proposed project.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
609.08 Repair of Existing Rip-Rap.
(a)
Existing rip-rap may be maintained in-kind,
repaired in-kind, or replaced in-kind as a minimum impact tidal shoreline
stabilization project only if the work meets the requirements of Env-Wt 609.10.
(b)
The applicant shall provide the following with or as part of an
application for any work that does not qualify under Env-Wt
609.10:
(1) A signed certification that the rip-rap that is the subject of the work is an existing legal
structure; and
(2) The design information specified in Env-Wt 609.07(b)(2)-(6).
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
609.09 Tidal Shoreline Stabilization
Using Walls.
(a)
Due to the loss of natural features, such as habitat and the ability of
the shoreline to move and adapt naturally to coastal hazard events that results
from constructing a wall in tidal waters/wetlands, and due to the reflection
and redirection of wave energy that can have an adverse effect on surrounding
properties and ecology, the department shall not approve the installation of a
wall unless required to protect public infrastructure in situations where a
softer stabilization technique is shown to be impracticable.
(b)
The following shall apply to any application to install a wall to
stabilize a tidal shoreline:
(1) Walls shall be permitted only if there is insufficient
space to cut back slopes to eliminate the need for a wall;
(2) The applicant shall provide:
a. Cross-section and plan views of the proposed
installation; and
b. Plans that clearly show the relationship of
the project to fixed points of reference, abutting properties, and features of
the natural shoreline;
(3) The face of a project shall be angular, not
smooth, to minimize reflected wave energy;
(4) Fill shall be allowed only to the extent
necessary to achieve structural stability;
(5) Weep holes shall be provided to allow seepage
of groundwater and to promote slope stability; and
(6) Walls shall:
a. Not reflect or re-direct currents or wave
energy towards adjacent wetlands, structures, or neighboring properties, or
otherwise contribute to erosion; and
b. Be concave on the seaward side to reflect
wave energy where practicable.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 609.10 Minimum Impact Tidal Shoreline
Stabilization Projects.
(a)
Subject to the conditions in (b), below, a shoreline stabilization
project shall be classified as minimum impact if it consists of:
(1) In-kind maintenance, in-kind repair, or in-kind
stabilization of an existing installation that is fully exposed at low tide;
(2) Conversion of an existing stabilization
practice to bioengineered bank stabilization or living shoreline;
(3) A living shoreline project that is fully
exposed at low tide; or
(4) An existing stabilization project located
below mean high water, including the placement of fill material landward of
sills, provided the fill is for erosion control or wetland function enhancement,
or both, and not recreational activity.
(b)
For a project that is listed in (a), above, to qualify as minimum
impact, the following conditions shall be met:
(1) Before submitting an application, the
applicant shall meet with department staff to discuss the proposed project to insure the proposed work will not exceed minimum impact
limits;
(2) No impacts to protected species or habitat
shall be allowed unless the applicant has received and incorporated
recommendations from NHB, NHF&G, or both, as applicable;
(3) There shall be no change in the location,
configuration, construction type, or dimensions of the installation unless the
project is a living shoreline project that enhances the natural processes and
functions of a previously disturbed or eroding shoreline;
(4) All work shall be done at low tide when the
work area is fully exposed;
(5) The existing installation shall have
functioned as intended without adverse effects on the property or surrounding
properties such as increased erosion due to deflection of waves or currents;
(6) A living shoreline project shall be either:
a. A restoration/enhancement project under Env-Wt 500; or
b. No longer than 200 LF with marsh restoration
of less than one acre and extending no more than 50 feet seaward of mean low water;
(7) Unless converted to a living shoreline, the
applicant shall certify in writing that each installation being maintained,
repaired, or replaced in-kind is an existing legal structure as defined in Env-Wt 102; and
(8) The applicant shall perform a CFA and a
vulnerability assessment.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 609.11 Tidal Shoreline Stabilization Projects
Requiring Standard Permit.
(a)
A shoreline stabilization project shall require a standard permit,
except as provided for in Env-Wt 609.10(b)(5), if it:
(1) Is a living shoreline that does not meet the
requirements of Env-Wt 609.01 or an installation of
hard structures in any previously undisturbed coastal lands or tidal wetlands;
(2) Represents an increase in hardening of the
shoreline, such as by constructing a wall, installing rip-rap,
converting a bio-installation to armoring, or increasing the dimensions of
existing armoring; or
(3) Does not qualify as a minimum impact project
under Env-Wt 609.10.
(b)
The following shall constituted major impact
projects:
(1) Projects in sand dunes, tidal wetlands, or
bogs, except for repair of existing structures pursuant to Env-Wt 609.10; and
(2) Projects within 100 feet of the highest
observable tide line that alter any bank, flat, wetlands, surface water, or
undeveloped uplands, except for repair of existing structures pursuant to Env-Wt 609.08(a).
(c)
Projects that do not meet the criteria for minimum impact or major
projects shall constitute minor impact projects.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
PART Env-Wt 610 PROTECTED
TIDAL ZONE
Env-Wt
610.01 Applicability. This part shall apply to the tidal buffer zone
established in RSA 482-A and to all protected shoreland in coastal areas established
by RSA 483-B, referred to collectively as the protected tidal zone.
Source. (See Revision Notes #1, #2, #3, and #4 at chapter
heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
610.02 Projects in the Protected
Tidal Zone that Do Not Require a Permit.
The following activities may be undertaken in the protected tidal zone
without first obtaining a permit under RSA 482-A:
(a)
The maintenance, repair, or modification of an existing legal primary or
accessory structure that does not:
(1) Increase or move the footprint or impervious
area of the structure;
(2) Result in the alteration of previously-unaltered areas;
(3) Result in an increase in loading to an onsite
sewage disposal system;
(4) Increase the number of residential units on
the property; or
(5) Necessitate or result in any dredging or
filling within the protected tidal zone;
(b)
Work done pursuant to an approved remediation plan that is prepared in
response to any enforcement action against a property owner or contractor where
the violator is directed by the department to remediate violations of:
(1) RSA 482-A or rules in subtitle Env-Wt, or both; or
(2) RSA 483-B or Env-Wq
1400, or both;
(c)
Landscaping or gardening consistent with Env-Wq
1400;
(d)
The construction of stairs in the upland protected tidal zone, provided:
(1) The bottom of the stair structure lands on a
beach above mean high tide; and
(2) No excavation is required;
(e)
Trimming, pruning, and thinning of branches to the extent necessary to
protect structures, maintain clearances, or maintain the ecological health of
the planted area, provided the activity does not endanger the health of the plant;
(f)
Removal of dead, diseased, or unsafe trees, limbs, saplings, or shrubs
that pose a hazard to structures or have the potential to cause personal
injury, provided:
(1) The work is done in a way that:
a. Prevents damage to surrounding healthy trees,
limbs, saplings, and shrubs;
b. Minimizes damage to ground cover;
c. Prevents soil erosion and sedimentation to
the water body; and
d. Leaves all stumps intact; and
(2) The person who authorizes the work shall bear
the burden of proving, in any enforcement action for a violation of this rule,
that the trees, limbs, saplings, or shrubs removed were in fact dead, diseased,
or unsafe, where proof that removed trees, limbs, saplings, or shrubs were
dead, diseased, or unsafe may include the following:
a. Photographs of the property which clearly
show the dead, diseased, or unsafe trees, limbs, saplings, and shrubs; and
b. Written certification signed by an individual
with knowledge and experience in assessing tree health, such as a licensed
forester, certified arborist, or licensed landscape architect, that the trees,
limbs, saplings, and shrubs that were removed were dead, diseased, or unsafe,
as applicable;
(g)
Hand-pulling or use of hand tools to remove invasive species or other
noxious or harmful plants such as poison ivy, including root systems, provided
that any area exceeding 10 SF left without vegetation shall be replanted with
native, non-invasive species in accordance with Agr 3802;
(h)
Hand-removal or use of hand tools to remove rocks and stones beyond the
50-foot setback to the HOTL with a waterfront buffer as defined in RSA 483-B:9,
V(a)(1); and
(i) The placement or installation of readily-removed items, such as picnic tables and lawn
chairs.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
610.03 Design Standards. The applicant shall certify that a proposed
project for the construction of structures within the protected tidal zone
complies with the standards described in FEMA P-55, Coastal Construction
Manual: Principles and Practices of
Planning, Siting, Designing, Constructing, and Maintaining Residential
Buildings in Coastal Areas, 4th Edition (2011) and with local resiliency
planning ordinances.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
610.04 Plans and Other Information
Required. The following plans and
other information shall be submitted with applications for work within the
protected tidal zone:
(a)
Existing and proposed contours at 2-foot intervals measured from the HOTL;
(b)
If any portion of the subject parcel is located in a regulatory
floodplain, the location of the 100-year flood boundary the zone, and water
elevation as shown on the applicable FEMA Flood Insurance Rate Map;
(c)
All other applicable local and state setbacks;
(d)
The dimensions and locations of all:
(1) Existing and proposed structures;
(2) Existing and proposed impervious areas;
(3) Existing and proposed disturbed areas;
(4) Areas to remain in an unaltered state;
(5) Existing cleared areas, such as gardens,
lawns, and paths; and
(6) Proposed temporary impacts associated with
completion of the project;
(e)
Proposed methods of erosion and siltation controls, identified
graphically and labeled on a plan, or otherwise annotated as needed for clarity;
(f)
A plan of any planting(s) proposed in the waterfront buffer, showing the
proposed location(s) and Latin names and common names of proposed species;
(g)
If applicable, the location of an existing or proposed 6-foot-wide foot
path to the waterbody or a temporary access path;
(h)
For any project proposing that the impervious area be at least 15% but
not more than 20% within the protected tidal zone, a statement signed by the
applicant certifying that the impervious area is not more than 20%;
(i) For any project proposing that the impervious
area be greater than 20% within the protected tidal zone, plans for a
stormwater management system that will infiltrate increased stormwater from development,
provided that if impervious area is or is proposed to be greater than 30%, the stormwater
management systems shall be designed by a professional engineer;
(j)
For any project involving pervious surfaces, a plan with specifications
of how those surfaces will be maintained; and
(k)
All other relevant features necessary to clearly define both existing
conditions and the proposed project.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
610.05 Protected Tidal Zone
Restrictions. The restrictions
identified in RSA 483-B:9, II shall apply to the protected tidal zone.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
610.06 Maintenance of a Waterfront
Buffer. The provisions of RSA
483-B:9, V(a) shall apply to the protected tidal zone within 50 feet of the
HOTL.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 610.07 Accessory Structures. Accessory structures in the waterfront buffer
shall comply with the applicable provisions of Env-Wq
1400.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
610.08 Maintenance of a Woodland
Buffer. The provisions of RSA
483-B:9, V(b) shall apply to the protected tidal zone within 150 feet of the
HOTL.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
610.09 Individual Sewage Disposal
Systems. The provisions of RSA
483-B:9, V(c) shall apply to the protected tidal zone.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
610.10 Erosion and Siltation. The provisions of RSA 483-B:9, V(d) shall
apply to the protected tidal zone.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
610.11 Minimum Lots and Residential
Development. The provisions of RSA
483-B:9, V(e) shall apply to the protected tidal zone.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
610.12 Minimum Lots and
Non-Residential Development. The
provisions of RSA 483-B:9, V(f) shall apply to the protected tidal zone.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
610.13 Impervious Surfaces. The provisions of RSA 483-B:9, V(g) shall
apply to the protected tidal zone.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
610.14 Rebuilding of Non-Conforming
Structures.
(a)
In accordance with RSA 483-B, nonconforming primary structures may be entirely demolished and reconstructed, with continued
encroachment into the waterfront buffer, provided the replacement structure is
located farther back from the reference line than the preexisting nonconforming
structure.
(b)
No alteration shall extend the structure closer to the public water
between the primary building line and the reference line.
(c)
The proposal or property shall be made more nearly conforming than the
existing structure or the existing conditions of the property in accordance
with RSA 483-B.
(d)
Applicants rebuilding existing structures following storm damage shall
acknowledge that continued reconstruction in floodplain or flood risk area may
not be achievable in the future based on the actual extent of sea level rise,
and that retreat may be necessary.
Source. (See Revision Notes #1, #2, #3, and #4 at chapter
heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
610.15 Conversion of Decks and
Porches Prohibited. No deck or porch
located between the primary building line and the reference line shall be
converted to become part of the primary living space.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
610.16 Slope Limitation for
Structures. No structure shall be
built on or into land in the protected tidal zone having greater than 25%
slope.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
610.17 Project Classifications.
(a)
A major project shall be:
(1) Any dredging, filling, or construction
activity, or any combination thereof, that is proposed to:
a. Occur within 100 feet of the HOTL; and
b. Alter any tidal shoreline bank, tidal flat,
wetlands, surface water, or undeveloped uplands; or
(2) A project that would be major based on an
aggregation of projects under Env-Wt 400.
(b)
A minor project shall be any dredging, filling, or construction activity,
or any combination thereof, that:
(1) Involves work within 75 feet of a saltmarsh
in the developed upland tidal buffer;
(2) Is not a major project; and
(3) Will disturb 3,000 SF or more but less than
10,000 SF in the developed upland tidal buffer.
(c)
A minimum impact project shall be any dredging, filling, or construction
activity, or any combination thereof, that:
(1) Is in a previously developed upland area;
(2) Is within 100 feet of the HOTL; and
(3) Will disturb less than 3,000 SF.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19;
amd by #12976, eff 1-22-20
PART Env-Wt 611 SAND DUNES
Env-Wt 611.01 Prohibited Impacts. No person shall undertake any regulated activities
in any fore dune or back dune, due to the rarity, ecological significance, and
critical functions of such areas in abating storm surge, accommodating sea
level rise, and providing habitat, except as specifically allowed in this part.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt 611.02 Projects That Do Not Require a Permit. The following projects and activities may be
undertaken without first obtaining a permit, provided the conditions stated are
met:
(a)
Removal of sand that blows or drifts onto any lawn, driveway, walkway,
parking or storage area, or boat ramp, or that blows or drifts in, on, or
around buildings or other structures by the person who owns the affected
property, as provided by RSA 482-A:3, VII, subject to the following limitations:
(1) Work shall be done without the use of
motorized machinery;
(2) No established vegetation shall be removed;
and
(3) Sand that has accumulated against the side of
buildings and other structures between the structure and a sand dune shall be
removed no closer than 36 inches to the angle of repose of the slope of the
adjacent dune; and
(b)
As provided by RSA 482-A:3, IX, operation of any of the following:
(1) Police vehicles or fire vehicles;
(2) Vehicles used in cases of emergency;
(3) Authorized maintenance vehicles when performing
maintenance duties; and
(4) Vehicles used by commercial fishermen or
commercial lobstermen when engaged in activities related to fishing or
lobstering.
Source. (See Revision Notes #1, #2, #3, and #4 at chapter
heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
611.03 Pre-Application Assessment.
(a)
As provided in RSA 482-A:3, VII, the department shall provide a
pre-application assessment of any lot of record located in sand dunes upon
request of the property owner.
(b)
The purpose of a pre-application assessment shall be to provide the
property owner with information regarding what requirements apply to the
property, including reviewing the property for the presence of threatened or
endangered dune vegetation or other exemplary natural community features that
may require protection, relocation, or mitigation, or any combination thereof.
(c)
To request a pre-application assessment, the property owner shall submit
to the department a written request for an assessment that includes:
(1) The property owner’s name and contact information;
(2) The street address and tax map/lot of the
property; and
(3) Any questions the property owner has about
the applicability of specific requirements.
(d)
The department shall undertake the pre-application assessment by
reviewing available aerial photography, orthophotography, and GIS data. If the available information is not
sufficient to finalize the assessment, the department shall conduct a site
inspection.
(e)
The department shall provide the results of the pre-application
assessment to the property owner in writing.
(f)
For major impact projects in sand dunes that require mitigation, the
pre-application assessment shall not replace the formal pre-application meeting
to discuss compensatory mitigation required by Env-Wt
311.02.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
611.04 Design and Plan Requirements.
(a)
No structures shall be proposed in sand dunes except for structures on
in-fill lots that will be located on the landward side of the fore dune.
(b)
Designs for projects in sand dunes shall:
(1) Incorporate mechanisms to limit impacts to
existing intact sand dunes;
(2) Use sand fences to capture sand for major projects;
(3) Identify construction practices needed to
protect sensitive plant and animal species and water quality; and
(4) Identify construction techniques and designs
used to address any vulnerability assessment.
(c)
The applicant for a permit for a construction project in sand dunes
shall provide the following information on the plans submitted pursuant to Env-Wt 311.06:
(1) If any portion of the property is located in
the 100-year floodplain, the location of the 100-year floodplain boundary and
water elevation as shown on the effective FEMA Flood Insurance Rate Map;
(2) The location of the 2.0-foot elevation
contour as measured above the HOTL; and
(3) The location, with dimensions, of:
a. All impervious areas;
b. Areas of existing vegetation, with the
vegetation identified on the plan;
c. Each rare, threatened, or endangered plant
species as reported by NHB;
d. All disturbed areas, including existing lawn,
gardens, and paths;
e. All areas to remain in an unaltered state;
f. All proposed temporary impacts associated
with completion of the project, with a description of each temporary impact;
g. Proposed methods of erosion and siltation
controls indicated graphically and labeled or otherwise annotated as needed for
clarity;
h. A planting plan to include the Latin names
and common names of plant species, plant spacing location and depth of each
planting, time of planned planting, watering, irrigation to monitor and ensure
success, any soil requirements or exposure requirements of plantings; and
i. All other relevant features necessary to
clearly define both existing conditions and the proposed project.
(d)
The applicant for a permit for a construction project in sand dunes shall
submit with the application a completed impervious coverage worksheet that
includes:
(1) The name of the person who completed the worksheet;
(2) The date of the plan on which the worksheet
is based;
(3) Square feet of the lot within the sand dune;
(4) Square feet and percentage of the lot area
constituting existing impervious surface(s) within the sand dune; and
(5) Total percentage of sand dune area within the
lot that will be impervious upon completion of the project.
(e)
For any project proposing an impervious area on an in-fill lot of at
least 15% but not more than 20%, the applicant shall certify in writing that
the impervious area is not more than 20%.
(f)
For any project proposing an impervious area on an in-fill lot of
greater than 20%, the applicant shall submit plans, prepared by a professional
engineer, for a stormwater management system that will infiltrate the increased
stormwater.
(g)
For any project proposing pervious surfaces, the applicant shall submit
a plan and specifications for long-term maintenance of the pervious surfaces.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
611.05 Additional Requirements for
Projects in Sand Dunes.
(a)
Work on or in sand dunes shall be limited to existing developed lots and
in-fill lots.
(b)
Natural dune sand and dune vegetation shall be removed only for the
building footprint and driveway area.
(c)
Structures proposed to be constructed in or on sand dunes shall not
change wind circulation patterns such that more sand is eroded.
(d)
The project shall not disturb any sand dune vegetation listed as a
threatened or endangered species by the NHB.
(e)
Work shall be done in a time and manner so as to
not disturb migratory waterfowl breeding and nesting areas.
(f)
Appropriate siltation and erosion controls shall be in place prior to
construction, shall be maintained during construction, and shall remain until
the area is stabilized.
(g)
Temporary siltation and erosion controls shall be removed once the area
has been stabilized.
(h)
Any American Beachgrass (Ammophila breviligulata) that would be disturbed by a project
shall be removed and replanted elsewhere on site according to approved plans.
(i) Only indigenous native plant species shall be
planted on the property.
(j)
No non-native ornamental plants shall be introduced to or used on the
property.
(k)
The project shall not disturb any sand dune vegetation growing on
adjacent properties.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
611.06 Project Classifications: Major Impact Projects.
(a)
Any activity that would destroy, raze, deface, reduce, alter, build on,
or remove any sand or vegetation from any sand dune shall be a major impact
project unless it does not require a permit as specified in Env-Wt 611.02 or is a project that qualifies as a minimum
impact project as specified in Env-Wt 611.07.
(b)
Major projects shall be subject to the mitigation requirements specified
in Env-Wt 605 and Env-Wt
800.
(c)
Major projects shall include, but are not limited to:
(1) Development of an undeveloped in-fill lot
located contiguous to the fore dune;
(2) Removal with heavy equipment or other tracked
or wheeled machinery of a portion of a formed or vegetated sand dune that has
encroached on an existing dwelling to a degree that cannot be remedied by use
of hand tools;
(3) Changes to the morphology of an existing or
forming dune or removal of established dune vegetation;
(4) Previously developed in-fill lots found to
have threatened or endangered species located on the lot; and
(5) Any other proposal to alter by regulated
activity any area of fore dune or back dune.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
611.07 Project Classifications: Minimum Impact Projects. The following projects shall qualify as
minimum impact projects:
(a)
Dune restoration projects that meet the requirements for restoration
under Env-Wt 407.04; and
(b)
Structure construction or other landscape alteration of previously-developed in-fill lots located in the dune slack
area on which there are no threatened or endangered species.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
PART Env-Wt 612 AQUACULTURE
Env-Wt 612.01 Applicability. This part shall apply to
aquaculture operations in tidal
waters/wetlands.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Env-Wt
612.02 Aquaculture Operations Not
Requiring a Permit.
(a) An aquaculture operation licensed by
NHF&G prior to the effective date of this rule shall not be required to
apply for a permit.
(b) An aquaculture operation not licensed by
NHF&G prior to the effective date of this rule shall be considered minimum impact and
not
require a permit under RSA 482-A:3, provided the following conditions are
met:
(1) The owner or operator applies
to NHF&G for a marine aquaculture license;
(2) After reviewing a copy of the
application received by the department pursuant to Fis 807.07(g), the
department issues a written statement to NHF&G that it has no objection to issuance
of the license;
(3) NHF&G issues a license
based on the application reviewed by the department;
(4) The department confirms in a
written statement to the owner or operator that it has no objection to the final
license issued by NHF&G;
(5) The operation does not include
the culture of finfish; and
(6) For marine bottom culture
operations inland of the General Sullivan Bridge:
a. There is at least 150 feet
between locations of adjacent marine bottom culture operations licensed by
NHF&G; and
b. The maximum size of the
operation does not exceed 4.5 acres.
Source. (See Revision
Notes #1, #2, #3, and #4 at chapter heading for Env-Wt
600) #12806, eff 12-15-19
Env-Wt
612.03 Aquaculture Operations
Requiring a Permit. Operations that
do not meet all of the criteria in Env-Wt 612.02 shall file a standard permit application with the
department.
Source. (See Revision Notes #1, #2, #3, and #4 at
chapter heading for Env-Wt 600) #12806, eff 12-15-19
Appendix A: State Statutes
Implemented
|
Rule Section(s) |
State Statute(S)
Implemented |
Federal Statutes,
Regulations Implemeneted |
|
Env-Wt 600 |
RSA 482-A:1 - 4, 6, 8 - 34; RSA 483-B; RSA 485-A; RSA 487; RSA 212-A |
Clean Water Act, 33 U.S.C. Chapter 26, Subchapter IV, § 1344 (Permits
for Dredged or Fill Material); 33 CFR Parts 322 & 323; USACE Gen. Permit No. NAE-2016-02415 |
|
Env-Wt 602.15 |
RSA 482-A:1 - 4,
6, 8 - 34; RSA 483-B; RSA 485-A; RSA 487; RSA 212-A |
Clean Water Act,
33 U.S.C. Ch. 26, Subchapter IV, § 1344 (Permits for Dredged or Fill
Material); 33 CFR Parts 322 & 323; USACE Gen. Permit No. NAE-2016-02415 |
|
Env-Wt 603.05 intro & (c); 604.02(c) |
RSA 482-A:1 - 4,
6, 8 - 34; RSA 483:8-a, III |
Clean Water Act,
33 U.S.C. Chapter 26, Subchapter IV, § 1344 (Permits for Dredged or Fill
Material); 33 CFR Parts 322 & 323; USACE Gen. Permit No. NAE-2016-02415 |
Appendix B: Incorporated
References
|
Rule |
Title
(Date) |
Obtain
From: |
|
Env-Wt 603.04(b)(2)a. |
The Highway
Methodology Workbook (1993) The Highway
Methodology Workbook Supplement (1999) |
U.S. Army Corps
of Engineers New England
District 696 Virginia Road Concord, MA
01742-2751 (978) 318-8338 Download at no
charge from: http://www.nae.usace.army.mil/Portals/74/docs/regulatory/Forms/HighwayMethodBook.pdf http://www.nae.usace.army.mil/Portals/74/docs/regulatory/Forms/HighwaySupplement6Apr2015.pdf |
|
Env-Wt 605.04(d)(3) Env-Wt 609.05(a) |
Guidance for Considering
the Use of Living Shorelines (2015) |
National Oceanic
and Atmospheric Administration Download at no
charge from: |
|
Env-Wt 607.05(h)(2) |
Regional
Implementation Manual for the Evaluation of Dredged Material Proposed for
Disposal in New England Waters (2004) |
US Environmental
Protection Agency, Headquarters Mail Code: 4504T Download
at no charge from: https://www.epa.gov/ocean-dumping/regional-implementation-manual-evaluation-dredged-material-proposed-disposal-new
|
Appendix C: Statutory
Definitions
RSA 211:62-e, II
(b)
“Aquaculture” means the propagation and rearing of aquatic species and
marine species and includes the planting, promoting of growth, harvesting and transporting of these species in, on, or from
the waters of this state, or the operation of a fishing preserve.
RSA
482-A:2
IV. “Mean high tide” shall be
determined according to the published tables and standards of the United States
Coast and Geodetic Survey, adjusted to the locality from such tables.
VII.
“Sand dune” shall mean a hill or ridge of sand piled up by the wind and
commonly found on the seacoast.
Appendix D: Other Statutory Provisions
[NONE
IN THIS CHAPTER]
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: (a)
Has documented occurrences of protected species or habitat; (b)
Is a bog; (c)
Is a floodplain wetlands contiguous to a tier
3 or higher watercourse; (d)
Is a designated prime wetland or a duly-established
100-foot buffer; (e)
Is a sand dune, tidal wetland, tidal water, or undeveloped tidal
buffer zone; or (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 |
(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 (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
|