489:9 Waivers. –
I. No waiver from any affected program's requirement in rule or statute shall be granted unless the applicant requesting the waiver demonstrates that:
(a) There will be no substantial loss of wetland functions and values;
(b) Water quality will be protected to the maximum extent practicable and in compliance with the anti-degradation requirements of the federal Clean Water Act and departmental rules; and
(c) A superior overall environmental outcome will be achieved or an equivalent overall environmental outcome at reduced cost.
II. The demonstration required by paragraph I shall be made based on project design, mitigation, submission of modeling results, engineering calculations, relevant scientific studies, or such other documentation the applicant believes supports the requested waiver.
III. No waiver shall be granted if doing so results in a violation of any state statute or regulation outside those governing the affected programs, unless the statute or regulation expressly provides that the provisions may be waived.
IV. No waiver shall be granted if doing so results in a violation of any federal requirement, unless the federal requirement expressly provides that its provisions may be waived and the federal agency charged with enforcing the requirement agrees with the waiver.
V. Municipalities may adopt an innovative land use control ordinance pursuant to RSA 674:21, authorizing the planning board to allow a project that does not fully conform to the local zoning ordinance to proceed as approved by the department under this chapter, provided the planning board makes a finding that such a project meets the criteria of paragraph I.