489:6 Pre-Application Technical Review. –
I. An applicant shall initiate the integrated land development permit process by conducting certain activities, as specified by the department in rules adopted under this chapter, in preparation for pre-application technical review by the department. These activities shall include the following:
(a) Inquiry or consultation with the department of natural and cultural resources' natural heritage bureau and the fish and game department;
(b) Notification of and provision of materials on the proposed project to the governing body, the planning department, the planning board, and conservation commission of the municipality or municipalities in which the proposed project is located;
(c) Notification of and provision of materials on the proposed project to the local river management advisory committee, when the project is in the corridor of a designated river or river segment under RSA 483;
(d) Notification of and consultation with federal regulatory entities, when applicable;
(e) Notification of, and, when requested, provision of materials on the proposed project to the New Hampshire division of historic resources;
(f) Assessment of site characteristics and location, as defined by the department in rules adopted under this chapter; and
(g) Other assessments, inquiries, notifications, and consultations as defined by the department in rules adopted under this chapter.
II. After conducting the activities required under paragraph I, the applicant shall submit to the department such materials as the department requires under rules adopted pursuant to RSA 541-A. The department may require the applicant to pay up to 30 percent of the expected final application fee under RSA 489:7, I to cover departmental costs associated with the pre-application technical review. Any payment made shall be applied towards the final application fee. Such payment shall not be refundable or transferable to another project should a final permit application not be submitted.
III. The applicant shall participate in a pre-application technical review with the department.
IV. As part of the pre-application technical review, the department shall review preliminary design plans, supporting information, and advisory input from state or federal entities notified or consulted pursuant to paragraph I and comments received from other persons notified pursuant to paragraph I to identify critical issues regarding site development and design, any requested waivers, and any mitigation that may be needed, and review the final permit application requirements with the applicant.
V. The department may invite any state or federal entities notified under paragraph I to participate in pre-application technical review discussions. Other persons or entities may be included at the request of the applicant.
VI. The pre-application technical review process shall not establish any presumption as to whether the department will approve the final application.
Source. 2013, 270:1, eff. July 1, 2017. 2017, 156:14, I, eff. July 1, 2017.