CHAPTER Env-Wq 1400
SHORELAND PROTECTION
Statutory Authority:
RSA 483-B:17
REVISION NOTE #1:
Document #9188, effective 7-1-08,
which adopted Chapter Env-Wq 1400, was filed pursuant to 2008, 171:20, IV and
is exempt from RSA 541-A. Pursuant to
2008, 171:20, IV, the rules shall expire on 7-1-16 unless readopted, amended,
or repealed pursuant to RSA 541-A.
Document #9196, effective 7-1-08, amended or readopted with amendments
pursuant to RSA 541-A select rules in Chapter Env-Wq 1400 as interim rules, as
identified in the source notes. The
rules in Document #9188, as amended or readopted with amendments by Document
#9196, replaced all prior filings affecting Chapter Env-Wq 1400, or its
predecessor Chapter Env-Ws 1400, on shoreland
protection.
The prior filings for Chapter Env-Ws 1400 included the following documents:
#6383, eff 11-26-96.
#8219, INTERIM, eff 11-26-04.
#8329, eff 4-23-05, subsequently redesignated editorially
with a new subtitle as Env-Wq 1400 pursuant to a rules reorganization plan for
Department rules approved by the Director of the Office of Legislative Services
on 9-7-05.
The filings prior to Document #9188
for Chapter Env-Wq 1400 included the following documents:
#9115, eff 4-1-08.
#9175, eff 6-6-08, filed pursuant to 2008, 171:20, I and
exempt from RSA 541-A, which repealed Env-Wq 1400 filed under Document #9115.
#9176, eff 6-6-08, filed pursuant to 2008, 171:20, II and
exempt from RSA 541-A, which adopted Env-Wq 1400 as previously filed under
Document #8329.
REVISION NOTE #2:
Document #12062, effective 12-17-16, readopted, readopted
with amendments, and repealed existing rules in Chapter Env-Wq 1400, adopted
new rules, and renumbered various rules in the former Chapter Env-Wq 1400. Document #10262 replaces all prior filings
for rules in the former Chapter Env-Wq 1400.
The prior filings for the former Chapter Env-Wq 1400 since Document
#9188 includes the following document:
#9196, INTERIM, eff 7-1-08
#9349, eff 12-20-08
The remainder of the rules in the former Env-Wq 1400
which had last been filed under Document #9188 did not expire on 7-1-16 since
they were extended pursuant to RSA 541-A:14-a until replaced by the rules in
Document #12062, effective 12-17-16.
PART Env-Wq 1401
PURPOSE AND APPLICABILITY
Env-Wq
1401.01 Purpose. The purpose of these rules is to implement
RSA 483-B, the shoreland water quality protection act.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1401.02 Applicability. These rules shall apply to all land areas
that fall within the definition of protected shoreland in RSA 483-B:4, XV.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
PART Env-Wq 1402
DEFINITIONS
Env-Wq
1402.01 “Abutter” means “abutter” as defined in RSA
483-B:4, I, as reprinted in Appendix B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1402.02 “Accessory structure” means “accessory
structure” as defined in RSA 483-B:4, II, as reprinted in Appendix B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.03 “Commissioner” means “commissioner” as
defined in RSA 483-B:4, IV, as reprinted in Appendix B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1402.04 “Construction” means, for
the purpose of RSA 483-B:5-b, I(a):
(a) The erection, demolition, reconstruction, or
alteration of any structure; or
(b) Any activity that results in an increase in
the impervious surface area on a property.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.05 “Department” means “the department of
environmental services” as defined in RSA 483-B:4, V, as reprinted in Appendix
B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.06 “Disturbed area” means “disturbed area” as
defined in RSA 483-B:4, VI, as reprinted in Appendix B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1402.07 “Excavation” means, for the
purpose of RSA 483-B:5-b, I(a), to dig, remove, form a cavity or a hole in, or
otherwise remove material from an area within the department’s jurisdiction.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.08 “Fertilizer” as used in RSA 483-B:9, means “fertilizer” as
defined in RSA 431:3, VII, as reprinted in Appendix B.
Source. (See Revision Notes
#1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1402.09 “Fill” as a noun means any rock,
soil, gravel, sand, or other material that has been deposited or caused to be
deposited by human activity.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1402.10 “Fill” as a verb means to place
or deposit materials in or on a wetland, surface water body, or bank, or
otherwise in or on an area within the jurisdiction of the department.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.11 “Footprint” means:
(a) When used in RSA
483-B:11, I, the area of land surface that lies directly beneath the limits of
the exterior walls of a structure, whether the structure rests directly on the
ground or is raised above the ground surface; and
(b) For all other purposes, the area outlined by the vertical projection of an
impervious surface onto the ground surface where it is or will be located.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.12 “Ground cover”
means “ground cover” as defined in RSA 483-B:4, VII, as reprinted in Appendix B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.13 “Impervious surface area”
means, for purposes of the impervious surface limitation specified in RSA
483-B:9, V(g), the sum total of the footprint of each impervious surface that
is located within the protected shoreland.
The term includes “composed of impervious surfaces”.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.14
“Impervious surface” means “impervious surface” as defined in RSA
483-B:4, VII-b, as reprinted in
Appendix B.
Source. (See Revision Notes
#1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.15 “Lot of record”
means “lot of record” as defined in RSA 483-B:4, VIII, as reprinted in Appendix B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.16 “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 which is at least 50% slow release nitrogen components.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.17 “Municipality”
means “municipality” as defined in RSA 483-B:4, X, as reprinted in Appendix B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.18
“Natural woodland buffer” means “natural woodland buffer” as defined in
RSA 483-B:4, XI, as reprinted in
Appendix B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.19 “Non-conforming lot of record” means
“nonconforming lot of record” as defined in RSA 483-B:4, XI-c, as reprinted in
Appendix B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1402.20 “Nonconforming structure” means
“nonconforming structure” as defined in RSA 483-B:4, XI-d, as reprinted in
Appendix B.
Source. (See Revision Notes
#1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.21 “Open
porch” means a porch that is supported by pilings or post supports but that
does not have permanent foundation walls, insulation, or a heat source. The
term includes a porch that is screened but does not include a porch that is
enclosed in whole or in part with glass or any other material designed or
intended to provide a weather-proof barrier.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.22
“Ordinary high water mark” means “ordinary high water mark” as defined
in RSA 483-B:4, XI-e, as reprinted in
Appendix B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.23
“Person” means “person” as defined in RSA 483-B:4, XII, as reprinted in Appendix B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.24 “Pre-existing nonconforming primary
structure” means a primary structure that does not meet current setback
requirements and that was built prior to:
(a)
(b) June 15, 1998,
for properties on the Lamprey River, the Swift River, and those portions of the
Merrimack River and the Contoocook River designated prior to that date for
protection under RSA 483, as provided by Laws of 1998, 182:1;
(c)
(d) April 1, 2008, for properties that are
included as a result of Laws of 2007, Ch. 267, namely all properties on
designated rivers not included in (a) or (b), above, and fourth order streams
classified pursuant to RSA 483-B:4, XVI(c) that were not previously classified
as fourth order.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.25 “Primary
building line” means “primary building line” as defined in RSA 483-B:4, XIII, as reprinted in Appendix B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.26
“Primary structure” means “primary structure” as defined in RSA 483-B:4,
XIV, as reprinted in Appendix B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.27
“Project” means the full scope of development activities that are
proposed to take place on a parcel of property within 5 years of the
application date.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.28 “Protected shoreland” means “protected
shoreland” as defined in RSA 483-B:4, XV,
as reprinted in Appendix B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.29
“Public waters” means “public waters” as defined in RSA 483-B:4, XVI, as reprinted in Appendix B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.30 “Reference
line” means “reference line” as defined in RSA 483-B:4, XVII, as reprinted in Appendix B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.31
“Removal or removed” means “removal or removed” as defined in RSA
483-B:4, XVIII, as reprinted in
Appendix B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.32
“Repeat violation” means “repeat violation” as defined in RSA 483-B:4,
XVIII-a, as reprinted in Appendix B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.33
“Repair” means “repair” as defined in RSA 483-B:4, XVIII-b, as reprinted in Appendix B.
Source. (See Revision Notes
#1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.34
“Replace in kind” means “replace in kind” as defined in RSA 483-B:4,
XVIII-c, as reprinted in Appendix B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.35
“Replacement system” means “replacement system” as defined in RSA
483-B:4, XVIII-d, as reprinted in
Appendix B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.36 “Residential
unit” means “residential unit” as defined in RSA 483-B:4, XIX, as reprinted in Appendix B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.37
“Sapling” means “sapling” as defined in RSA 483-B:4, XX, as reprinted in Appendix B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.38
“Segment” means a section of waterfront buffer delineated in accordance
with RSA 483-B:9, V(a)(2)(D). The term
includes full segments, meaning a 50 foot by 50 foot area, and partial
segments, meaning any area that does not comprise a full segment.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.39
“Shoreland frontage” means “shoreland frontage” as defined in RSA
483-B:4, XX-a, as reprinted in
Appendix B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.40 “Shoreland permit” means a permit issued
under RSA 483-B:5-b, I(a) other than a permit by notification.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.41
“Shrub” means “shrub” as defined in RSA 483-B:4, XXI, as reprinted in Appendix B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.42 “Stabilized”
means conditions under which soils will not erode.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.43
“Structure” means “structure” as defined in RSA 483-B:4, XXII, as reprinted in Appendix B. The term does not include any item that can
readily be moved from one location to another, including but not limited to
picnic tables, lawn furniture, swing-sets, and poles used to support items
such as clotheslines, bird houses, bird feeders, or lawn ornaments.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.44
“Subdivision” means “subdivision” as defined in RSA 483-B:4, XXIII, as reprinted in Appendix B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.45
“Tree” means “tree” as defined in RSA 483-B:4, XXIV, as reprinted in Appendix B.
Source. (See Revision Notes
#1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.46
“Unaltered state” means “unaltered state” as defined in RSA 483-B:4,
XXIV-b, as reprinted in Appendix B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.47
“Unsafe tree” means a tree that has a structural defect and poses an
imminent hazard to structures or to personal property or safety.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.48
“Urbanization” means “urbanization” as defined in RSA 483-B:4, XXV, as reprinted in Appendix B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1402.49
“Water dependent structure” means “water dependent structure” as defined
in RSA 483-B:4, XXVI, as reprinted in
Appendix B.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1402.50 “Waterfront buffer” means the protected
shoreland within 50 feet of the reference line, as specified in RSA 483-B:9,
V(a)(1).
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
PART Env-Wq 1403 MAINTENANCE OF THE WATERFRONT BUFFER AND THE
NATURAL
Env-Wq 1403.01 Maintenance
of the Waterfront Buffer.
(a) Within the waterfront buffer, no
person shall undertake any activity in violation of RSA 483-B:9, V(a).
(b) The department shall proceed in accordance
with RSA 483-B:5 to require the property owner to restore the waterfront buffer
if the department determines that any of the provisions of RSA 483-B:9, V(a)
have been violated.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1403.02 Maintenance of the Natural Woodland
Buffer.
(a) Within the
natural woodland buffer, no person shall undertake any activity in violation of
RSA 483-B:9, V(b).
(b) The department shall proceed in accordance
with RSA 483-B:5 to require the property owner to restore the natural woodland
buffer if the department determines that any of the provisions of RSA 483-B:9,
V(b) have been violated.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1403.03 Construction Within the Protected Shoreland.
(a) All impacts related to construction shall be
completely contained within the area of disturbance allowed by RSA 483-B:9,
V(b)(2)(A) as appropriate given the area of the lot within the natural woodland
buffer.
(b) Within 3 days of final grading or temporary
suspension of work in an area that is in the protected shoreland, all exposed
soil areas shall be stabilized by:
(1) Seeding and
mulching, if during the growing season;
(2) If not
within the growing season, by mulching with tack or netting; or
(3) With an
alternative method of temporary stabilization as specified in Env-Wq 1500.
(c) A maximum of 150 square feet of retaining
wall may be excluded from the calculation of impervious area, provided the wall
has a footprint of 12 inches or less in width.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1403.04 Removal of Dead, Diseased, Or
Unsafe Vegetation.
(a) A property owner may remove, or may have
removed, any dead, diseased, or unsafe trees, limbs, saplings, or shrubs from
the waterfront buffer that are not included in the scoring described in RSA
483-B:9, V(a)(2)(D), subject to the conditions specified in (b) and (c), below.
(b) The cutting and removal shall be conducted so
as to:
(1) Prevent
damage to surrounding healthy trees, limbs, saplings, and shrubs;
(2) Minimize
damage to ground cover;
(3) Prevent soil erosion
and sedimentation to the water body; and
(4) Leave all stumps intact in
accordance with RSA 483-B:9, V(a)(2)(B).
(c) In any enforcement action against a property
owner or contractor for removal of trees, limbs, saplings, or shrubs in
violation of RSA 483-B, the burden of proving that trees, limbs, saplings, or
shrubs removed pursuant to this section were in fact dead, diseased, or unsafe
shall be on the property owner or contractor, as applicable.
(d) Proof that removed trees, limbs, saplings,
or shrubs
were dead, diseased, or unsafe shall include, but not be limited to, the
following:
(1) Photographs
of the property which clearly show the dead, diseased, or unsafe trees, limbs,
saplings, and shrubs; and
(2) 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.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1403.05 Removal of Trees or Saplings That
Are Not Dead, Diseased, Or Unsafe.
(a) As provided in RSA 483-B:9, V(a)(2)(D)(iv), a
property owner may remove, or may cause to have removed, trees or saplings from
the waterfront buffer that are not dead, diseased, or unsafe if the sum of the
scores of the remaining trees and saplings in that segment does not total less
than allowed by RSA 483-B:9, V(a)(2)(D), subject to the conditions specified in
(b) and (c), below.
(b) The cutting and removal shall be conducted so
as to:
(1)
Prevent damage to surrounding trees and saplings;
(2)
Minimize damage to ground cover;
(3)
Prevent soil erosion and sedimentation to the water body; and
(4) Leave all stumps intact in
accordance with RSA 483-B:9, V(a)(2)(B).
(c) In any enforcement action against a property
owner or contractor for removal of trees or saplings in violation of RSA 483-B,
the burden of proving that the removal of trees or saplings pursuant to this
section did not bring the sum of the scores of the remaining trees and saplings
in that segment below that allowed by RSA 483-B:9, V(a)(2)(D) shall be on the
property owner or contractor, as applicable.
(d) Proof that the removal complied with RSA 483-B:9,
V(a)(2)(D) shall include, but not be limited to, the following:
(1)
Photographs
of the property which clearly show the trees or saplings; and
(2)
A
sketch of the property showing the location and point scores of the trees and
saplings that will remain on the property.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
PART Env-Wq 1404
STORMWATER AND EROSION AND SEDIMENTATION CONTROL
Env-Wq
1404.01 Protection of Water Quality.
(a) No person shall undertake construction or any
other activity in such a way as to degrade water quality in violation of the
water quality standards specified in RSA 485-A:8 or Env-Wq 1700.
(b) As required by RSA 483-B:9, V(d)(2), new
structures and all modifications to existing structures within the protected
shoreland shall be designed and constructed to prevent the release of surface
runoff across exposed soils.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1404.02 Stormwater
Management and Erosion Control.
(a) As required by RSA 483-B:9, V(d)(1), all new
structures, modifications to existing structures, and excavation or earth
moving within the protected shoreland shall be designed and constructed in
accordance with RSA 485-A:17 and Env-Wq 1500, to manage stormwater and control
erosion and sediment, before, during, and after construction.
(b) For projects for which a stormwater management
system is required by RSA 483-B:9, V(g)(1) or (2), the department shall review
the proposed stormwater management system as provided in Env-Wq 1500.
Source. (See Revision Notes
#1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
PART Env-Wq 1405
ACCESSORY STRUCTURES
Env-Wq
1405.01 Applicability. The requirements of this part shall apply to structures
located between the reference line and the primary building line.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1405.02 Construction of Accessory Structures. Approval from the department to construct an
accessory structure shall not override any applicable local requirements
relating to zoning or building standards.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400)
#12062 eff 12-17-16; ss by #12810, eff 12-15-19
Env-Wq 1405.03 Limitations on Accessory Structures within the Waterfront Buffer.
(a) The limitations in this section shall apply
only to accessory structures located between the reference line and the primary
building line.
(b) Subject to (c), below, accessory structures
shall not exceed 12 feet in height as measured from the lowest adjacent ground
level elevation.
(c) A dug-in boathouse authorized by a permit
under RSA 482-A shall not exceed 20 feet in height as measured from the
adjacent reference line elevation.
(d) Subject to (e) and (f), below, the total area
of accessory structures shall be no greater than 7.5 square feet per linear
foot of shoreline.
(e) The construction of the accessory structure
shall not cause or otherwise result in any violations of the point score
requirement of RSA 483-B:9, V(a)(2)
(f) The foot path allowed by RSA 483-B:9,
V(a)(D)(ix) shall be excluded when calculating the area of accessory structures
under (d), above.
(g) Accessory structures shall be located so as
to avoid the need to remove ground cover to the maximum extent practicable.
(h) Water access structures shall account for not
more than 50% of the total area of accessory structure allowed for a given
frontage.
(i) No accessory
structure shall be modified or constructed so as to be serviced by piped water.
(j) All new paths, walkways, and patios shall be
constructed using pervious surface.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400)
#12062 eff 12-17-16; ss by #12810, eff 12-15-19
Env-Wq
1405.04 Setback for Accessory Structures.
(a) Except as provided in (b), below, all accessory structures built after
November 26, 1996 shall be set back at least 20 feet from the reference line, unless
otherwise approved by the department in accordance with RSA 482-A and rules
adopted pursuant thereto, Env-Wt 100-900.
(b) The 20-foot setback shall not apply to
structures that require direct access to the water as an operational necessity,
such as access stairs, pump houses, and wells.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1405.05 Slope Limitation for Accessory Structures. No accessory structure shall be built on or
into land having greater than 25% slope.
Source. (See Revision Notes
#1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
PART Env-Wq 1406
PERMITTING OF PROJECTS
Env-Wq
1406.01 Permit Required.
(a) Subject to (b), below, as specified in RSA
483-B:5-b, I(a), no person shall commence construction, excavation, or filling
activities within the protected shoreland without obtaining a permit from the
department to ensure compliance with RSA 483-B, subject to the exceptions
specified in RSA 483-B or established in Env-Wq 1406.03 or Env-Wq 1406.04 pursuant
to RSA 483-B:17, X.
(b) A person may commence construction,
excavation, or filling activities within the protected shoreland pursuant to a permit
by notification upon receipt of acceptance of the PBN filing by the department
or as otherwise provided in RSA 483-B:5-b, V(d).
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1406.02 Statutory Exemptions.
(a) The following shall not be subject to this
chapter, as they are exempted by statute from the requirements of RSA 483-B:
(1) Agriculture
performed in accordance with best management practices, as specified in RSA
483-B:3, III, and RSA 483-B:9, V;
(2) Forest
management that is not associated with shoreland development or land conversion
that is conducted in compliance with RSA 227-J:9, as specified in RSA 483-B:9,
V; and
(3) Forestry
conducted in compliance with RSA 227-J:9 by or under the direction of a water
supplier for the purpose of managing a water supply watershed, as specified in
RSA 483-B:9, V.
(b) The following shall not be subject to this
chapter, as they are exempted by statute from the requirement to obtain a
shoreland permit:
(1) As
specified in RSA 483-B:5-b, II, timber harvesting activities permitted in
accordance with RSA 485-A:17, IV;
(2) As
specified in RSA 483-B:5-b, IV, impacts in the protected shoreland that are:
a. Covered by a
permit issued under RSA 482-A; or
b. Commercial
or industrial redevelopment in accordance with RSA 485-A:17; and
(3) As
specified in RSA 483-B:9, III, private water supply facilities.
(c) Construction of public roads, public utility
lines and associated structures and facilities, and public water access
facilities are exempted by statute from the permit fee, as specified in RSA
483-B:5-b, III.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1406.03 Exemption for Vested Rights.
(a) Subject
to (e), below, activities in the protected shoreland shall not require a permit
under RSA 483-B:5-b if the property owner or developer can demonstrate to the
department’s satisfaction, pursuant to (b) or (c), below, that the property
owner or developer has incurred substantial liabilities in a reasonable, good
faith reliance on the absence of a controlling law or regulation, sometimes
called vested rights.
(b) The department shall deem any of the
following to be proof that the property owner or developer has vested rights:
(1) The
activities are specifically identified in an application that has been the
subject of notice by a planning board pursuant to RSA 676:4, I(d) or the zoning
board of adjustment prior to July 1, 2007, regardless of whether an approval
has yet been issued, provided that such application is ultimately approved by
the municipal board(s) having authority over the activities covered by the
application;
(2) The
activities are specifically identified in a detailed plan or narrative description
submitted with a building permit application submitted to a municipality prior
to January 1, 2008, provided that such application is ultimately approved by
the municipal board(s) or official having authority over building permits;
(3) A concrete
foundation for the primary structure was installed between
(4) The
activities are specifically identified in a variance or redevelopment waiver
issued by the department prior to July 1, 2008 pursuant to RSA 483-B, unless the
approval specifically requires the permittee to obtain a permit pursuant to
this section if work was not commenced prior to July 1, 2008; or
(5) The
activities were specifically approved in a permit issued pursuant to RSA
485-A:17 prior to July 1, 2008, unless the approval specifically requires the
permittee to obtain a permit pursuant to this section if work was not commenced
prior to July 1, 2008.
(c) A property owner or developer who is not able
to show any of the conditions listed in (b)(1)-(5) may submit other evidence to
demonstrate that the property owner or developer has otherwise incurred
substantial liabilities and that such liabilities:
(1) Resulted from
a reasonable, good faith reliance on the absence of a controlling law or
regulation; and
(2) Are related
to the provision of RSA 483-B from which the property owner or developer is
seeking relief.
(d) A property owner claiming vested rights shall
provide the following to the department in writing:
(1) The name
and mailing address of the property owner;
(2) The name,
mailing address, and daytime telephone number and, if available, an e-mail
address, of an individual authorized to act on behalf of the property owner
with whom the department can discuss the proposed project;
(3) The
physical address of the proposed project site, if different from the property
owner’s mailing address;
(4) The name of
the surface water that causes the property to be subject to RSA 483-B;
(5) If the
exemption is claimed under (b)(1), above, proof that the notice was issued;
(6) If the exemption
is claimed under (b)(2), above, a copy of the detailed plan or narrative
description submitted with the building permit application;
(7) If the
exemption is claimed under (b)(3), above, proof that the foundation has been
installed, such as dated photographs or a bill for the foundation showing the
date of installation; and
(8) If the
exemption is claimed under (c), above, the following information:
a. A budget
showing the total estimated cost of the project;
b. A narrative
describing the full scope of the project, including all work expected to be
done on the property within a 5-year period;
c. How much of
the total estimated cost had been incurred prior to
d. How much of
the total scope of the project had been completed prior to
e. What
revisions would be required to redesign the project to reflect the standards
enacted to be effective
f. The cost of
the revisions that would be needed; and
g. The
relationship of the revisions to the full scope of the project as originally
envisioned.
(e) An exemption shall not be available under
(a), above, if:
(1) The
applicant proposes changes to the activities from those that would otherwise be
exempt under (a), above, and such changes would increase impacts in the natural
woodland buffer established by RSA 483-B:9, V(b)(1); or
(2) The
applicable permit, approval, variance, or redevelopment waiver expires or
otherwise lapses prior to work commencing, or is revoked for cause by the
issuing authority.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1406.04 Activities in Protected
Shoreland That Do Not Require a Shoreland Permit.
(a) A person shall not be required to obtain a
permit under RSA 483-B:5-b, I(a) prior to undertaking any activity listed in
(c) or (d), below, in the protected shoreland, provided that the activity is
conducted in accordance with the conditions noted.
(b) In any enforcement action against a property
owner or contractor for actions arguably covered by (a), above, the burden of
proving that the exemption applies shall be on the property owner or
contractor, as applicable.
(c) Activities exempt pursuant to (a), above,
because the activity does not constitute construction, excavation, or filling
shall be as follows:
(1) Trimming, pruning,
and thinning of branches to the extent necessary to protect structures,
maintain clearances, and provide views, as allowed by RSA 483-B:9,
V(a)(2)(D)(vi);
(2) Removal of
trees, limbs, saplings, or shrubs in accordance with Env-Wq 1403.04 or removal
of trees or saplings in accordance with Env-Wq 1403.05;
(3)
Maintenance, repair, or modification of an existing, legal, primary
structure that does not:
a. Alter the
footprint or impervious area of the structure;
b. Require, or
result in, the alteration of previously unaltered areas;
c. Result in an
increase in loading to an onsite sewage disposal system; or
d. Require, or
result in, any excavation or filling within the protected shoreland;
(4)
Maintenance, repair, or modification of an existing, legal, accessory
structure that does not:
a. Alter the
footprint or impervious area of the structure;
b. Require, or
result in, the alteration of previously unaltered areas;
c. Result in an
increase in loading to an onsite sewage disposal system;
d. Require, or
result in any excavation or filling within the protected shoreland; or
e. Exceed the
criteria of Part Env-Wq 1405, if it is located within the waterfront buffer;
(5) Maintenance
of a grandfathered or altered open area, such as by mowing a lawn, raking
leaves or pine needles, or mulching landscaped areas;
(6) 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 square feet left without vegetation shall be subject to replanting
with non-invasive, non-harmful species;
(7)
Hand-removal or use of hand tools to remove rocks and stones beyond the
50-foot setback; and
(8) Placement
or installation of readily removed items, such as picnic tables, lawn chairs
and swing sets.
(d) Activities exempt pursuant to (a), above,
because the activity constitutes de minimis construction,
excavation, or filling shall be as follows:
(1) Use of
hand-held tools, whether motorized or not, such as augers or tile spades, to
install monitoring wells, piezometers, and flow meters, for:
a. Evaluating
site conditions as necessary for the submittal of information required by a
permit application under RSA 482-A relating to wetlands, RSA 485-A:29 relating
to subdivisions or septic systems, or RSA 485-A:17 relating to alteration of
terrain;
b. Educational
or research purposes; or
c. Monitoring
hydrology;
(2) Planting of
non-invasive vegetation or maintenance of existing gardens within the allowable
disturbed or altered area using hand-held tools;
(3) Placement
of stepping stones, provided no root systems are removed to accommodate the
placement;
(4)
Construction or installation of a fence using hand-held tools;
(5) Digging
test pits for the purposes of determining suitability for wastewater disposal
under RSA 485-A:29 relating to subdivisions or septic systems, provided:
a. There is no
disruption of groundcover within 50 feet of the reference line; and
b. No test pits
are dug within 75 feet of the reference line unless required in order to
evaluate eligibility for replacement under Env-Wq 1003.10;
(6) Planting
one or more trees within existing open areas more than 50 feet from the
reference line using mechanized equipment;
(7) Replacing
utility poles and guy wires using mechanized equipment, provided that
appropriate siltation and erosion controls are used and all temporary impacts
are restored;
(8) Replacement
of a failed septic system, either in-kind as specified in Env-Wq 1003.10 or
under a new approval, provided there is no increase in sewage loading from the
structure(s) served by the system;
(9) Placement
of a single structure more than 50 feet from the reference line, provided that:
a. The
footprint of the structure is less than 150 sq. ft.;
b. No excavation
or filling using mechanized equipment will occur in conjunction with the
construction or placement of the structure;
c. The
structure will not be heated;
d. The
structure will not have electricity or plumbing; and
e. The
structure will not be used as living space for humans; and
(10) Activities
required to abate an imminent threat to public safety or public health or to
stabilize property during or immediately following an emergency, provided the
procedures specified in Env-Wq 1407 are followed.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1406.05 Permits by Notification. In addition to the activities listed in RSA
483-B:5-b, I(a) (1)-(3), the following activities may be undertaken in the
protected shoreland pursuant to a permit by notification filed in accordance
with RSA 483-B:5-b, I(a):
(a) Drilling geotechnical borings during the design
of a public project, subject to the following conditions:
(1)
The entity undertaking the project shall provide the landowner, the
department, and the local governing body with written notification of the
general location and the type of work to be conducted at least 14 days prior to
its commencement;
(2)
Any vehicles used shall be operated in a manner that minimizes
disturbance to the natural woodland buffer;
(3)
Drilling operations shall be managed so as to have no impact on water
quality;
(4)
Drill holes shall be back-filled with drill spoil or filled with clean
material or grout;
(5)
Drill cuttings not used to back fill drill holes shall be removed or
stabilized; and
(6)
Equipment shall be operated and maintained to avoid spillage of fluids including,
but not limited to, oil, gas, antifreeze, or hydraulic fluids;
(b) Drilling of test wells or installation of
monitoring wells for purposes of
exploring for public water supplies or soil or groundwater contamination, subject to the
following conditions:
(1)
The entity
undertaking the drilling shall provide the landowner, the department,
and the local governing body, with written notification of the general location
and the type of work to be conducted at least 14 days prior to its
commencement;
(2)
Any vehicles used shall be operated in a manner that minimizes
disturbance to the natural woodland buffer;
(3)
Drilling
operations shall be managed so as to have no impact on water quality;
(4)
Drill holes shall be back filled with drill spoil or clean fill or
permanently cased;
(5)
Drill cuttings not used to back fill drill holes shall be removed or
stabilized; and
(6) Equipment
shall be operated and maintained to prevent spillage of fluids including, but not limited to, oil,
gas, antifreeze,
or hydraulic fluids;
(c) Drilling of drinking water wells outside of
the natural woodland buffer, subject to the following conditions:
(1)
The entity
undertaking the drilling shall provide the landowner, the department,
and the local governing body, with written notification of the intended
location and type of well to be installed at least 14 days prior to commencing
work;
(2)
Any vehicles used shall be operated in a manner that minimizes
disturbance to the terrain;
(3)
Drilling operations shall be managed so as to have no impact on water
quality;
(4)
Any abandoned drill holes shall be back filled with drill spoil or clean
fill;
(5)
Drill cuttings not used to back fill drill holes shall be removed or
stabilized; and
(6) Equipment
shall be operated and maintained to prevent spillage of fluids including, but not limited to, oil,
gas, antifreeze,
or hydraulic fluids; and
(d) Site remediation activities approved by the
department pursuant to Env-Or 600, subject to the following conditions:
(1) The information submitted to the department on which
the approval for the activities was issued shall have clearly
identified the protected shoreland;
(2) The information submitted to the department on which the approval for
the activities was issued shall have clearly described the activities that will
occur within the protected shoreland;
(3) The entity undertaking the activities shall provide the department’s wetlands bureau and the
local governing body with written notification of the commencement of
work as soon as practicable, but in no event later than 5 working days after
commencing work;
(4) Any vehicles used shall be
operated in a manner that minimizes disturbance to the terrain;
(5) All activities shall be managed so as to have no adverse impact on
water quality;
(6) Contaminated materials shall not be removed and returned to the
site unless the materials are treated to the appropriate
standards prior to being returned to the site; and
(7) Equipment
shall be operated and maintained to prevent spillage of fluids including, but not limited to, oil,
gas, antifreeze,
or hydraulic fluids.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1406.06 Shoreland Permit Application
Procedures. To apply for a shoreland
permit under RSA 483-B:5-b, I(a), the applicant shall submit the following to
the department:
(a) A complete application as described in Env-Wq
1406.07, which has been signed as specified in Env-Wq 1406.08;
(b) Plans as specified in Env-Wq 1406.09,
formatted as specified in Env-Wq 1406.11;
(c) Plans formatted as specified in Env-Wq 1406.11
or other information, or both, as specified in Env-Wq 1406.10, if applicable to
the proposed project;
(d) The attachments identified in Env-Wq 1406.12;
(e) The certification(s) required by Env-Wq
1406.13(d); and
(f) The fee required by RSA 483-B:5-b, I(b),
unless exempted by RSA 483-B:5-b, III.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1406.07 Shoreland Permit Application
Information. An application for a
permit under RSA 483-B:5-b, I(a) shall include the following information:
(a) The legal name of each property owner as it appears
on the deed of record and the registry and book and page number where the deed
is recorded;
(b) The regular mailing address and daytime telephone
number of the property owner and, if available, an e-mail address;
(c) The name, mailing address, and daytime
telephone number of the applicant, if other than the property owner, and, if
available, an e-mail address;
(d) If the applicant is not the property owner
and is not the authorized agent of the property owner for purposes of the
application, documentation supporting the applicant’s right to engage in the
proposed activity on the property, for example a long-term lease or purchase-and-sale
agreement;
(e) The tax map, lot number, and block number,
and street address of the proposed project site, if different from the property
owner’s mailing address;
(f) The name of the water body that causes the
property to be subject to RSA 483-B;
(g) The information required by Env-Wq 1408.05,
if applicable;
(h) The information required by Env-Wq 1409.01,
if applicable;
(i) A
narrative description of the project;
(j) Total square feet of impact to the protected
shoreland;
(k) Total square feet of new impervious area
within the protected shoreland;
(l) For projects adjacent to lakes or ponds, the
reference line elevation;
(m) Whether the application includes a proposal
to make the property or structures thereon more nearly conforming in accordance
with RSA 483-B:11; and
(n) Whether the application includes a request
for a waiver of the minimum standards set forth in RSA 483-B:9, V(i).
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1406.08 Signatures Required.
(a) The property owner(s) and applicant, if other than the property owner,
shall sign and date the application.
(b) The signature(s) shall constitute
certification that:
(1) The
information provided is true, complete, and not misleading to the knowledge and
belief of the signer; and
(2) The signer
understands that:
a.
Any permit or waiver granted
based on false, incomplete, or misleading information shall be subject to
revocation;
b.
The signer is subject to the applicable penalties in RSA 641, Falsification
In Official Matters; and
c.
Obtaining a shoreland permit shall not exempt the work proposed from
other state, local, or federal approvals; and
(3) The signer
has notified the municipality, abutters, and, if applicable, the local river
advisory committee in accordance with Env-Wq 1406.13.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1406.09 Plans to be Submitted with
All Shoreland Permit Applications.
The plans required by Env-Wq 1406.06(b) shall show the existing
conditions on the property, all proposed work, and all temporary impacts within
250 feet of the reference line, including the following:
(a) An overview plan of the property within 250
feet of the reference line that shows the approximate location of all property
lines, easements, and rights-of-way, clearly labeled;
(b) The scale, if any, used on the plan or, if
the plan is not to scale, the complete dimensions of all features;
(c) A labeled north-pointing arrow to indicate
orientation;
(d) A legend that clearly explains all symbols,
line types, and shading used on the plan;
(e) The reference line, the primary building
line, the limits of the natural woodland buffer, and the protected shoreland as
those terms are defined in RSA 483-B:4;
(f) All other applicable local and state
setbacks;
(g) The dimensions and locations of all existing
and proposed structures, impervious areas, disturbed areas, areas to remain in
an unaltered state, and all other relevant features necessary to clearly define
both existing conditions and the proposed project;
(h) The dimensions, locations, and descriptions
of all proposed temporary impacts associated with completion of the project;
(i) Proposed methods
of erosion and siltation controls indicated graphically and labeled, or
otherwise annotated as needed for clarity;
(j) A delineation of all existing and proposed
disturbed areas and all vegetated areas to be maintained in an unaltered state
within the natural woodland buffer;
(k) The limits of existing cleared areas, such as
gardens, lawns, and paths;
(l) If the topography is to be permanently
altered, the existing and proposed topography, including a reference elevation;
(m) A plan of any planting(s) proposed in the
waterfront buffer, showing the proposed location(s) and scientific names or common names
of proposed species;
(n) If applicable, the location of an existing
or proposed 6-foot-wide foot path to the waterbody or temporary access path, as
allowed by RSA 483-B:9, V(a)(2)(D)(viii) and (ix); and
(o) The date of plan and the preparer’s name.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1406.10 Plans or Other Information
Required for Certain Projects. If
applicable, the following plans or other information shall also be submitted
with the application:
(a) For any project proposing that the impervious
area be at least 15% but not more than 20% within the protected shoreland, a statement signed
by the applicant certifying that the impervious area is not more than 20%;
(b) For any project proposing that the impervious
area be greater than 20% within the protected shoreland, plans for a stormwater
management system that will infiltrate increased stormwater from development,
in accordance with Env-Wq 1500;
(c) For any project that proposes the expansion
of a pre-existing non-conforming structure under RSA 483-B:11 where the
expansion will occur in the area between the primary building line and the
water, the information required by Env-Wq 1408.03;
(d) For any project that includes a waiver
request under RSA 483-B:9, V(i), the information
required by Env-Wq 1409;
(e) For any project that proposes to install new
pervious surfaces or to maintain existing pervious surfaces:
(1) A plan
showing the location and type of each surface;
(2) A
cross-section of each type of pervious surface that shows the construction
method and details; and
(3)
Specifications for how each type of pervious surface will be maintained;
and
(f) For any project involving work within the
waterfront buffer, the following:
(1) A plan showing each segment of waterfront buffer that will be impacted by the
project;
(2)
The location and diameter of all existing trees and saplings, at least up to that which
is sufficient to meet the point requirement specified in RSA 483-B:9, V(a)(2);
and
(3)
A designation of the trees to be cut during the project, if any,
including:
a.
The diameter of all trees and saplings at 4-½ feet from the ground; and
b.
The names of the existing species, using either the scientific names or
common names.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1406.11 Format
of Plans.
(a) The plans for any shoreland project submitted for
approval on
paper shall meet the format requirements specified in (b) through (e), below.
(b) Left margins shall be 2 inches and the
remaining margins
shall be at least one inch.
(c) Plans which are drawn to scale shall be shown
using a scale of not more than 20 feet to one inch, except that if the lot cannot be shown
on a
(d) All plans shall be folded to 8-1/2 inches by
11 inches.
(e) For plans submitted electronically, the
format shall be as specified in the user agreement entered into by the
individual authorized to submit the plans electronically.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1406.12 Attachments to Shoreland
Permit Application. The attachments
required by Env-Wq 1406.06(d) shall be as follows:
(a) A copy of the recorded deed of the current property owner;
(b) A copy of the US geological survey map with
the property and project located;
(c) Photographs which clearly show the existing
site conditions in the shoreland zone, including the area within 50 feet of all proposed impacts;
(d) A copy of the tax map showing the location
and lot number of the proposed project;
(e) A list of the names and mailing addresses, as
well as tax map and lot numbers, of all abutters;
(f) The certification required by Env-Wq 1406.13;
(g) A copy of the NH department of resources and
economic development, division of forests and lands, natural heritage bureau
report for the subject property indicating that the portion of the natural
woodland buffer impacted by the project has been screened for species of
concern;
(h) A copy of a completed shoreland application
worksheet that includes:
(1)
Square feet of the lot within 250 feet of the reference line;
(2)
The area of the lot located within the natural woodland buffer but
outside of the waterfront buffer;
(3)
The area of the natural woodland buffer outside of the waterfront buffer
in which vegetation must remain in an unaltered state in order to maintain
compliance with RSA 483-B:9, V(b);
(4)
Square feet and percentage of the lot area constituting existing
impervious surface(s) within 250 feet of the reference line;
(5)
Proposed amount of impervious surface(s) within 250 feet of the
reference line;
(6)
Total percentage of lot area within the protected shoreland which will
be impervious upon completion of the project;
(7) The name of the person who completed the worksheet;
and
(8) The date of the plan on which the worksheet is based.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1406.13 Required Notifications.
(a) The applicant for a shoreland permit shall
submit to the department postal receipts, or copies of the receipts, to verify
that the notices required by RSA 483-B:5-b, IV-a, reprinted in Appendix C, have
been delivered.
(b) The written notices required by RSA
483-B:5-b, IV-a, shall be sent at the time of submittal of the application to
the department and shall include:
(1)
The street address and municipality of the property that is the subject of the
application;
(2)
A clear statement that an application has been filed under RSA 483-B;
(3)
The date that the application was or will be filed with the department;
and
(4)
For a project that requires notice to the appropriate local river
advisory committee because a portion of the project is located within ¼-mile of
a river or river segment designated under RSA 483, a copy of the completed and
signed application.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1406.14 Coordination of Permit
Applications. The application for a
shoreland permit shall identify whether applications for any of the following
permits have been submitted or will need to be submitted to the department for
the same project:
(a) Wetlands
permit under RSA 482-A;
(b) Individual sewage disposal system under RSA
485-A:29;
(c) Subdivision permit under RSA 485-A:29; and
(d) Alteration of terrain permit under RSA
485-A:17.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1406.15 Decisions on Shoreland Permit
Applications.
(a) Upon receipt of an application for a
shoreland permit, the department shall proceed in accordance with RSA
483-B:5-b, V.
(b) The department shall approve an application
for a shoreland permit if all of the following are true:
(1) The application
is complete as specified in Env-Wq 1406.06; and
(2) The project, during and after construction if
constructed as proposed, will comply with all applicable criteria of these rules and RSA
483-B.
(c) If the department determines that the project
as proposed will not comply with all applicable criteria of these rules and RSA
483-B but that reasonable project-specific conditions could be imposed to bring
the project into compliance, the department shall approve the application with
such conditions as are necessary to ensure compliance.
(d) If the department determines that the project
as proposed will not comply with all applicable criteria of RSA 483-B and that
reasonable project-specific conditions cannot be imposed that would bring the
project into compliance, the department shall deny the application.
(e) The department shall notify the applicant in
writing of its decision. If the
application is denied, the notice shall specify the reason(s) for the denial.
(f) If a permit is issued, all work shall be done
in accordance with the plans approved by the department, which shall be
considered part of the issued permit.
(g) All permits issued shall be subject to the
conditions specified in Env-Wq 1406.20.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1406.16 Shoreland
Permit by Notification Procedures. Persons
filing for a shoreland permit by notification under RSA 483-B:5-b, I shall
submit the following to the department:
(a) A complete notification form as described in
Env-Wq 1406.17 that has been signed by the owner of the property as specified
in RSA 483-B:5-b, I(a) and Env-Wq 1406.08;
(b) The plans required by RSA 483-B:5-b, I(a)
that clearly and accurately depict the work to be completed relative to the
reference line of the jurisdictional waterbody;
(c) The photographs required by RSA 483-B:5-b,
I(a) of the area to be impacted;
(d) Identification as required by RSA 483-B:5-b,
I(a) of the project criteria that qualify the project for a permit by
notification; and
(e) The fee required by RSA 483-B:5-b, I(b),
unless exempted by RSA 483-B:5-b, III.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1406.17 Shoreland Permit by
Notification Information. Each
permit by notification form filed with the department shall include the
following information:
(a) The information required by under RSA
483-B:5-b, I(a), reprinted in Appendix C, subject to the following:
(1) The name of
the property owner shall be the legal name of each property owner as it appears
on the deed of record;
(2) The address
of the property owner shall be the property owner’s regular mailing address;
and
(3) The waterbody
named shall be the waterbody that causes the property to be subject to RSA
483-B; and
(b) The additional contact and project
information listed below:
(1) The
property owner’s daytime telephone number and e-mail address, if any;
(2) If an agent
is filing the notification on behalf of the property owner, the agent’s name,
mailing address, daytime telephone number, and e-mail address, if any, together
with a statement signed by the property owner certifying that the property
owner has authorized the agent to act on the property owner’s behalf for
purposes of the notification;
(3) A narrative
description of the project;
(4) The total
area of protected shoreland to be impacted by the project in square feet;
(5) The area of
net change in impervious surface resulting from the project in square feet; and
(6) An
initialed agreement to adhere to those conditions applicable to all projects as
described in Env-Wq 1406.19.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1406.18 Signatures Required.
(a) The property owner and the agent, if other than
the property owner, shall sign the notification form.
(b) The signature(s) shall constitute
certification that:
(1) The
information provided is true, complete, and not misleading to the knowledge and
belief of the signer;
(2) The signer understands that
any permit by notification obtained based on false, incomplete, or misleading
information is not valid;
(3) The project
as proposed complies with the minimum standards established in RSA 483-B:9, V
and will be constructed in strict accordance with the proposal;
(4) The signer accepts
the responsibility for understanding and maintaining compliance with RSA 483-B
and these rules;
(5) The signer understands that an accepted shoreland permit by notification shall not exempt the
work proposed from other state, local, or federal approvals;
(6) The signer understands that incomplete notifications shall be rejected and the notification
fee shall not be returned.
(7) The signer is
subject to the applicable penalties in RSA 641, Falsification In Official
Matters.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1406.19 Acceptance or Rejection of Shoreland
Permit by Notification.
(a) Upon receipt of a filing under Env-Wq
1406.16, the department shall proceed in accordance with RSA 483-B:5-b, V(d).
(b) The department shall accept a shoreland
permit by notification if all of the following are true:
(1) The
notification is complete as specified in RSA 483-B:5-b, I(a) and Env-Wq
1406.16;
(2) The
project, during and after construction if constructed as proposed, will comply
with all applicable criteria of these rules and RSA 483-B as required by RSA
483-B:3; and
(3) There is no
evidence that work has already been done for which a permit is required but was
not obtained.
(c) If the department determines that any of the
criteria in (b), above, is not met, department shall reject the permit by
notification.
(d) The department shall provide written
notification of the acceptance or rejection of the permit by notification to
the property owner and agent as specified in RSA 483-B:5-b, V(d). If the permit by notification is rejected,
the notice shall specify the reason(s) for the rejection.
(e) If a permit by notification is accepted,
then:
(1) The plans
submitted to the department with that notification shall be considered part of
the permit by notification; and
(2) All work
shall be done in accordance with the accepted plans.
(f) All permits by notification shall be subject
to the conditions specified in Env-Wq 1406.20.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1406.20 Conditions Applicable to All
Projects in the Protected Shoreland.
The following conditions shall apply to all projects in the protected
shoreland, in addition to any project-specific conditions included pursuant to
Env-Wq 1406.15 and regardless of whether a permit is obtained:
(a) Erosion and siltation control measures shall:
(1)
Be installed prior to the start of work;
(2)
Be maintained throughout the project; and
(3) Remain in place until all disturbed
surfaces are stabilized;
(b)
Erosion and siltation controls shall be appropriate to the size and nature of
the project and to the physical characteristics of the site, including slope,
soil type, vegetative cover, and proximity to wetlands or surface waters;
(c)
No person undertaking any activity in the protected shoreland shall cause or
contribute to, or allow the activity to cause or contribute to, any violations
of the surface water quality standards established in Env-Ws
1700 or successor rules in Env-Wq 1700;
(d) Any fill used shall be clean sand, gravel,
rock, or other suitable material; and
(e) For any project where mechanized equipment
will be used, orange construction fence shall:
(1)
Be installed prior to the start of work at the
limits of the temporary impact area as shown on the plans approved as part of a
permit or accepted as part of the permit by notification;
(2)
Be maintained throughout the project; and
(3)
Remain in place until all mechanized equipment has been removed from the
site.
Source. (See Revision Notes
#1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1406.21 Issuance and Transferability.
(a) Subject to (b), below, the department shall
issue a shoreland permit in the name of the owner(s) of the property on whose
land the project is located.
(b) If the applicant is not the property owner or
the agent for the property owner, but has a financial or other legal interest
in the property that will arise after issuance of the permit but prior to
commencement of the activity covered by the permit, the department shall issue
the permit in the applicant’s name directly if so requested in writing signed
by the property owner and the applicant.
(c) The department shall transfer a shoreland
permit for a project that is not completed from one owner to a new owner upon
request of the new owner in accordance with (d) through (f), below.
(d) Prior to requesting a transfer of the
shoreland permit, the new owner(s) shall:
(1)
Read, view, and possess the original or a legible copy of the shoreland
permit, including all plans and conditions included pursuant to Env-Wq 1406.15;
and
(2)
Agree to abide by the terms and conditions of the shoreland permit.
(e) To request the transfer of a shoreland
permit, the new owner(s) shall submit the following to the department in
writing:
(1)
The shoreland permit number;
(2)
Identification of the owner(s) listed on the issued shoreland permit;
(3)
Identification of the person(s) to whom the shoreland permit is being
transferred;
(4) Recording information of the deed that
transferred ownership of property, including the names of the grantor, grantee,
town, county, registry and book and page numbers;
(5)
The location of the property, by tax map and lot number and street
address and municipality; and
(6)
The following statement, agreed to and signed by the new owner(s):
“I/we, the undersigned, certify that I
am/we are the present owner(s) of the property formerly of (name of former owner)
and that I/we possess and have read the shoreland permit, including all plans
and conditions included pursuant to Env-Wq 1406.15(c). I/we agree that I/we will abide by the
previously-issued permit. I/we fully
understand that the activities covered by the permit must be completed in
strict accordance with the permit unless an amendment is applied for and
granted. My/Our Title Reference is Book (number) Page (number), (County)
Registry of Deeds, and briefly is for land at (street address) in (town), New
Hampshire.”
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1406.22 Duration of Shoreland Permit;
Amendments.
(a) A shoreland permit issued under RSA 483-B:5-b
shall expire 5 years from the date of issuance as specified on the permit.
(b) The holder of a shoreland permit who wishes
to make changes to a project after the department has issued the permit shall:
(1) Apply for
an amended permit in accordance with (c), below, if the changes meet the
criteria specified in (e), below; or
(2) Apply for a
new permit in accordance with Env-Wq 1406, if the changes do not meet the
criteria specified in (e), below.
(c) A permit holder shall request an amendment to
an issued shoreland permit by submitting the following to the department in
writing:
(1) A copy of
the permit that is sought to be amended;
(2) Those
components of a complete original application that differ from the application
originally submitted;
(3) A list that
identifies each specific change to the project, with a cross-reference to where
on the submitted documents that change is reflected and how it is reflected;
and
(4) A statement
signed by the permit holder certifying that the proposed changes meet all of the
criteria specified in (e), below.
(d) The department shall review an amendment
request in accordance with RSA 483-B:5-b, V.
(e) A shoreland permit shall be amended only if
the proposed changes meet all of the following criteria:
(1) There is no
increase in impervious area;
(2) There is no
reduction in any set-back to the reference line;
(3) There is no
increase in disturbed area or decrease in the area to be maintained in an
unaltered state;
(4) The work
can be completed prior to the expiration date of the original permit; and
(5) The project
as revised would have been approved under Env-Wq 1406.15 if the revised project
had been submitted originally.
(f) If the project as revised meets the criteria
specified in (e), above, the department shall issue an amended permit. The issuance of an amended permit shall not
extend the expiration date.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
PART Env-Wq 1407 EMERGENCY PROCEDURES
Env-Wq
1407.01 Emergency Authorizations.
(a) A property owner may request an authorization
to act on an emergency basis pursuant to this section in lieu of filing an
application under Env-Wq 1406.06 if:
(1) A threat to
public safety or public health exists or significant damage to private property
is imminent as a result of an occurrence beyond the control of the property
owner, such as a natural disaster;
(2) The request
for the emergency authorization is made within one week of discovering the need
for the emergency authorization; and
(3) The work
covered by the emergency authorization is limited to temporary stabilization of
the property or other mitigation of the immediate threat, such as removal of
hazardous or potentially hazardous materials.
(b) The property owner or property owner’s agent
shall request an emergency authorization by providing the following information
to the department by telephone, e-mail, or fax:
(1)
The name and daytime telephone number of the individual requesting the
permit, and, if available, an e-mail address and fax number;
(2)
A description of the need for the emergency authorization; and
(3)
A description of the work to be performed and a schedule for the work.
(c) If a request is made by telephone, the
property owner or property owner’s agent shall provide the information required
by (b), above, by e-mail or fax as soon as possible but no later than 24 hours
after the initial request.
(d) The department shall:
(1)
Issue an emergency authorization when necessary to mitigate an immediate
threat to public health or safety or personal property; and
(2)
Keep a record of each emergency authorization issued.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1407.02 Work During Emergencies
Without Prior Authorization.
(a) Subject to (b), below, work without a permit
issued under Env-Wq 1406 or an emergency authorization issued under Env-Wq
1407.01 shall be allowed during a natural disaster if the work:
(1)
Was initiated and completed during a natural disaster; and
(2)
Is limited to that work necessary to mitigate an immediate threat or
stabilize a property.
(b) If work is done pursuant to (a), above, the
owner of the property where such work occurred, or the property owner’s agent,
shall report the following information to the department as soon as practicable
but no later than 30 days after commencing the work:
(1)
The name and daytime telephone number of the individual reporting the
information, and, if available, an e-mail address and fax number;
(2)
A description of the need for the work to be done on an emergency basis;
and
(3)
A description of what work was done and when the work began and was
completed.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1407.03 Action After Emergency. An
application as specified in Env-Wq 1406.06 shall be submitted for any permanent
repairs, restoration, or other activities proposed to be undertaken after the
immediate threat has been abated and the property has been stabilized.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
PART Env-Wq 1408
REPLACEMENT OR REDEVELOPMENT
Env-Wq
1408.01 Replacement of Pre-existing
Nonconforming Structures
Damaged By Accidental Means.
(a) The owner of any pre-existing
nonconforming structure damaged by accidental means who wishes to rebuild the structure in its
existing location shall begin construction within 2 years of the date of the accident or
such shorter period of time as is specified in local ordinances or regulations.
(b) For purposes of these rules, the time period
specified in (a), above, shall not run during the pendency of any legal action
that is intended to or has the effect of precluding the owner from rebuilding
the structure.
(c)
If the owner does not begin construction to replace the pre-existing nonconforming structure within the time period
established in (a), above, any primary structure thereafter constructed shall
conform to all applicable set-back requirements.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1408.02 Replacement of Pre-existing
Nonconforming Structures Other
Than Those Damaged By Accidental Means.
Any pre-existing nonconforming primary structure shall be repaired,
renovated, or replaced in kind in accordance with RSA 483-B:11 only if the
property owner can demonstrate that the structure has been maintained in a
functional and intact condition in the 2 years immediately prior to the
replacement.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1408.03 Expansions Within The
Waterfront Buffer.
(a) As specified in RSA 483-B:11, I, a
nonconforming structure may be expanded within the waterfront buffer only if:
(1)
The structure is not extended closer to the reference line; and
(2)
The structure or the property is made more nearly conforming, as defined
in RSA 483-B:11, II.
(b) As specified in RSA 483-B:11, V, no
alteration shall be made to an existing structure between the primary building
line and the reference line that extends the structure closer to the public
water, except that a deck or open porch extending a maximum of 12 feet towards
the reference line may be added to nonconforming structures erected prior to
July 1, 1994.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1408.04 Conversion of Decks and
Porches Prohibited. In accordance
with RSA 483-B:11, I, 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 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1408.05 Redevelopment or Expansion of
Nonconforming Structures. Any
property owner who wishes to redevelop or expand a nonconforming structure
within the waterfront buffer pursuant to RSA 483-B:11, II, shall submit the
following to the department with the application required by Env-Wq 1406.06:
(a) The footprint(s),
impervious area(s), and location(s) of all existing structure(s) within the
protected shoreland;
(b) The footprint(s), impervious area(s), and
location(s) of all proposed structures within the protected shoreland; and
(c) An explanation of how the project:
(1)
Is more nearly conforming than the existing
structure(s), as that phrase is defined in RSA 483-B:11, II, with reference to
the information provided pursuant to (a) and (b), above, and any other
supporting details that are relevant to making the proposal “more nearly
conforming”; and
(2) Will provide at least the same degree of
protection to the public waters.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq 1408.06 Decision
on Application that Includes Redevelopment or Expansion of Nonconforming
Structures.
(a) The department shall approve an application that
includes the redevelopment or expansion of a nonconforming structure under RSA
483-B:11, I, upon finding that:
(1)
The requirements specified in Env-Wq 1406.01 through Env-Wq 1406.14 and
any applicable criteria specified in Env-Wq 1405 are met;
(2)
The proposal to redevelop or expand the nonconforming structure meets
the intent of RSA 483-B; and
(3)
All applicable criteria in RSA 483-B:11 are met.
(b)
The department shall notify the applicant in writing of its decision on
the redevelopment or expansion in conjunction with its decision on the
shoreland permit application. If the
request is denied, the department shall identify the specific reason(s) for the
denial.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
PART Env-Wq 1409
WAIVERS FROM THE MINIMUM STANDARDS
Env-Wq
1409.01 Requests for Waivers of
Minimum Standards. Each applicant for
a waiver under RSA 483-B:9, V(i) shall provide the
following information with the application required
by Env-Wq 1406.06:
(a) A statement of the waiver requested, with specific
reference to the paragraph or subparagraph of RSA 483-B:9, V for which the request is
being made;
(b) An explanation of how the applicable criteria
of Env-Wq 1409.02 have been met;
(c) If the request is for a reasonable
accommodation of the needs of an
individual with one or more disabilities, a statement
signed by the physician who is attending the individual for the disability or
disabilities certifying that the impacts or structures for which the waiver is
being requested are necessary to accommodate the individual’s disability or
disabilities; and
(d) Verification
that all of the abutters have been notified of the proposed project as required
by Env-Wq 1406.13.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1409.02 Decision on Waiver Request.
(a) The
department shall approve a request for a waiver under RSA 483-B:9, V(i) that is not requested to accommodate the reasonable
needs of an individual or individuals with disabilities upon finding that:
(1)
Strict compliance with the minimum standards of RSA 483-B:9, V will
provide no material benefit to the public; and
(2)
Waiving the standard will have no material adverse effect on the
environment or the natural resources of the state.
(b) The department shall approve a request for a
waiver under RSA 483-B:9, V(i) for a reasonable
accommodation of needs of an individual or individuals with disabilities if:
(1) The
proposal is adequate to ensure that the intent of RSA 483-B is met; and
(2) The
statement submitted pursuant to Env-Wq 1409.01(c) is sufficient to demonstrate
that the waiver is necessary to accommodate the individual’s disability.
(c)
The department shall notify the applicant in writing of its decision in
conjunction with the decision on the application for shoreland permit. If the request is denied, the department
shall identify the specific reason(s) for the denial.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
PART Env-Wq 1410
URBANIZED SHORELAND EXEMPTION
Env-Wq
1410.01 Definitions.
(a) “Historic”, for purposes of Env-Wq 1410.03(a)
and Env-Wq 1410.05(b), means the time period from 1971 to the date of the
application or such longer period as the applicant designates.
(b) “Applicant” means the entity that is eligible
under RSA 483-B:12, I or IV to apply for, and that does apply for, an urbanized
shoreland exemption.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1410.02 Eligibility for Urbanized
Shoreland Exemption.
(a) Pursuant to RSA 483-B:12, I, the governing
body of a municipality may, in its discretion, request the commissioner to
exempt all or a portion of the protected shoreland within its boundaries from
the provisions of this chapter if the governing body finds that special local
urbanization conditions exist in the protected shoreland for which the
exemption is sought.
(b) Pursuant to RSA 483-B:12, IV, the Pease
development authority, division of ports and harbors, may, in its discretion,
request the commissioner to exempt all or a portion of any land purchased,
leased, or otherwise acquired by it pursuant to RSA 12-G:39.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1410.03 Evidence.
(a) Pursuant to RSA 483-B:12, II, the applicant for
an urbanized shoreland exemption shall present evidence of existing and
historic patterns of building and development in the protected shoreland, which
shall address the following:
(1) Current and
historic building density;
(2) Current
commercial or industrial uses;
(3) Municipal
or other public utilities; and
(4) Current
municipal land use regulations which affect the protected shoreland.
(b) The applicant for an urbanized shoreland
exemption shall also provide:
(1) The number
of structures in sight from the water body;
(2) Density
allowed under current local zoning ordinances;
(3) Extent of
non-residential land use currently existing;
(4) One or more
maps that clearly define the boundaries of the area to be exempted, based on
lot lines as shown on a municipal tax map; and
(5) If
available, a recent aerial photograph of the area.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1410.04 Delivery. The applicant shall send the evidence
directly to the office of energy and planning
with a copy to the commissioner.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env Ws 1410.05 Time
Frames for Decisions.
(a) The department shall request the office of
energy and planning to submit a written recommendation to the commissioner within 30
working days of receipt of a complete request.
(b) The commissioner shall approve the request if
the evidence required by Env-Wq
1410 shows that the municipality has existing and historic patterns of building
and development in the protected shoreland.
(c) The commissioner shall issue written findings in support of the
decision within 30 working days from receipt of the recommendation.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
PART Env-Wq 1411
CONSISTENCY
OF STATE AND LOCAL ACTION ON SHORELAND ZONE PROJECTS
Env-Wq 1411.01 Required Information. The following information shall be included
on all plans submitted to any state or local agency for any project that
includes work in the protected shoreland:
(a) The reference
line;
(b) The primary
building line, 50 feet from the reference line; and
(c) Any local
setbacks.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1411.02 Consistency Required; Notice
Required.
(a) As specified in RSA 483-B:3, state and local
permits for work within the protected shoreland zone shall be issued only when
consistent with RSA 483-B.
(b) State and local permits for work within the
protected shoreland zone shall include a notice that a state shoreland permit
under RSA 483-B may be required.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
PART Env-Wq 1412 SHORELAND RESTORATION
Env-Wq
1412.01 Applicability. This part shall apply to all plans for
restoration of a waterfront buffer or natural woodland buffer that are
submitted to the department for approval.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1412.02 Definition. For purposes of this part, the following
definition shall apply:
(a) “Mat” means a density of no less than one
individual plant per square foot.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1412.03 Restoration Plan Contents. A restoration plan shall include the
following:
(a) The information specified in Env-Wq 1406.09;
(b) The list of species of plants proposed for
replanting, using scientific names or common names;
(c) The number and distribution of plants proposed for replanting, based on the
matrix specified in Env-Wq 1412.04;
(d) A plan of the waterfront buffer, shown with vegetation
sufficient to meet the points required by RSA 483-B:9, V(a)(2)(D);
(e) A plan of the natural woodland buffer, shown
with the amount of impervious surface, amount of disturbed area to be restored,
and the amount of area allowed to revert to an unaltered state;
(f) All existing and proposed structures,
including but not limited to the primary structure and accessory structures;
and
(g) A schedule for implementing the restoration
and monitoring the success of the restoration over at least 2 growing seasons.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1412.04 Planting Matrix. When restoring the waterfront
buffer, the following shall apply to each segment to reach not less than
the total points required by RSA 483-B:9, V(a)(2)(D) in that segment:
(a) Trees and saplings shall be assigned points
based on their diameter measured at 4½ feet off the ground in accordance with
RSA 483-B:9, V(a)(2)(D)(i), as reprinted in Appendix
C.
(b) Subject to (c), below, ground cover in the
form of shrubs planted as individual plants or clusters shall be assigned
points in accordance with RSA 483-B:9, V(a)(2)(D)(ii), as reprinted in Appendix
C, and the following:
(1) A
one-gallon to 2-gallon shrub shall equal one-third of a point;
(2) A 3-gallon
to 4-gallon shrub shall equal one-half of a point; and
(3) Ground cover
as specified in RSA 483-B:9, V(a)(2)(D)(ii) shall be planted in the form of sod
or mat; and
(c) No points shall be credited for replacement
of ground cover removed in violation of RSA 483-B:9, V(a)(2)(C).
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1412.05 Plan Approval Criteria. The department shall approve a restoration plan that meets the following criteria:
(a) Subject to (c), below, replacement plants
shall consist of the native species that are as close as possible to the
species present prior to vegetation removal and may be chosen from the DES
Native Shoreland/Riparian Buffer Plantings for New Hampshire included in and
available as noted in Appendix D to
these rules;
(b) Subject to (c), below, replacement plants
shall have spatial and compositional diversity that replicates the previously
existing waterfront buffer or natural woodland buffer;
(c) No species
listed on the New Hampshire prohibited invasive species list developed pursuant
to RSA 430:53, III or the New Hampshire restricted invasive species list
developed pursuant to RSA 430:53, IV shall be planted, even if such species
existed on the property prior to the property being cleared;
(d) Within the waterfront buffer, replacement
vegetation and ground cover shall be based on the trees, saplings, and ground
cover that existed before removal. If
the quantity and type of removed vegetation cannot be determined, the area
shall be planted with native trees, saplings, or natural ground cover in
sufficient quantity, type, and location either to meet the minimum score per
RSA 483-B:9, V(a)(2)(D) or to provide at least an equivalent level of protection
as would be
afforded by native trees, saplings, and natural ground cover that met the
minimum score;
(e) Replacement trees shall be placed at least 5
feet apart on center;
(f) No changes to surface drainage shall be made
unless a sediment and erosion control plan that meets the requirements
specified in Env-Wq 1500 is submitted with the restoration plan; and
(g) The requirements of Env-Wq 1412.04 shall be
met.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
PART Env-Wq 1413
WAIVERS FROM
RULES
Env-Wq
1413.01 Purpose. The purpose of these rules is to accommodate
those situations where strict adherence to the rules would not be in the best
interest of the public or the environment.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1413.02 Procedures.
(a) Any person who is or would be directly and
adversely affected by the strict application of a rule in Env-Wq 1400 may
request a waiver thereof.
(b) Each request for a rule waiver shall be filed
in writing.
(c) Each request for a rule waiver shall include
the information specified in Env-Wq 1413.03.
(d) All requests for a rule waiver that are
submitted as part of an application for a shoreland permit under Env-Wq 1406 shall be submitted with the application, or as soon
thereafter as the need for the rule waiver is identified by the applicant or
the department.
Source. (See Revision Notes
#1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1413.03 Content and Format of
Requests.
(a) The person requesting the rule waiver shall
provide the following information:
(1) The name,
mailing address, daytime telephone number, and e-mail address, if any, of:
a. The property
owner; and
b. The
applicant, if other than the property owner;
(2) The location
of the property to which the rule waiver request relates, if other than the
mailing address of the property owner or applicant;
(3) The
specific section number of each rule for which a waiver is sought;
(4) A full
explanation of why a rule waiver is being requested, including an explanation
of the operational and economic consequences of complying with the rule as
written;
(5) If
applicable, a full explanation of the alternate that is proposed to be
substituted for the requirement in the rule, including written documentation
and/or data to support the alternative; and
(6) A full
explanation of why the applicant believes that having the rule waiver granted
will meet the criteria in Env-Wq 1413.04.
(b) The property owner and the person requesting the rule
waiver, if other than the property owner, shall sign
the request.
(c)
The signature(s) shall constitute certification that:
(1) The
information provided is true, complete, and not misleading to the knowledge and
belief of the signer; and
(2) The signer
understands that:
a. Any waiver
granted based on false, incomplete, or misleading information shall be subject
to revocation; and
b. The signer is
subject to the applicable penalties in RSA 641, Falsification In Official
Matters.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1413.04 Criteria.
(a) Subject to (b), below, a request for a rule
waiver shall be granted if:
(1) Granting
the request will not result in:
a. An adverse effect
to the environment or natural resources of the state, public health, or public
safety; or
b. An impact on
abutting properties that is more significant than that which would result from
complying with the rule; and
(2) One or more
of the following conditions is satisfied:
a. Granting the
request is consistent with the intent and purpose of the rule being waived; or
b. Strict
compliance with the rule will provide no benefit to the public and will cause
an operational or economic hardship to the applicant.
(b) No rule waiver shall be granted if the effect
of the waiver would be to waive or modify a statutory requirement.
Source. (See Revision Notes
#1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1413.05 Decisions. The department shall notify the person
requesting the waiver of the decision in writing. If the request is denied, the department
shall identify the specific reason(s) for the denial.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
PART Env-Wq 1414
SUSPENSION OR REVOCATION OF PERMITS OR WAIVERS
Env-Wq
1414.01 Purpose. The purpose of this part is to establish the
procedures to suspend or revoke a shoreland permit issued under Env-Wq 1406, a
redevelopment or expansion request pursuant to Env-Wq 1408, a waiver of the
minimum standards granted under Env-Wq 1409, or a rule waiver issued under
Env-Wq 1413.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1414.02 Definitions. For purposes of this part, the following
definitions shall apply:
(a) “Approval” means a shoreland permit issued under
Env-Wq 1406, a redevelopment or expansion request pursuant to Env-Wq 1408, a
waiver of the minimum standards granted under Env-Wq 1409, or a rule waiver
issued under Env-Wq 1413, as applicable to a particular proceeding; and
(b) “Recipient” means the person to whom the
approval was issued or the person’s successor in interest.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Env-Wq
1414.03 Basis and Procedures for
Suspension or Revocation.
(a) Any approval issued by the department shall
be issued based on the presumption that the information submitted to obtain the
approval is true, complete, and not misleading.
(b) If, after the issuance of an approval, the
department receives information indicating that the information upon which the
approval was based was false, incomplete, or misleading, the department shall
notify the recipient in accordance with RSA 541-A:31, III of the date, time and
place of a hearing at which the recipient shall be given an opportunity to show
cause why the approval should not be revoked.
(c) The hearing shall be conducted in accordance
with RSA 541-A:31 and Env-C 200.
(d) After the hearing, the department shall revoke
the approval if the department determines that:
(1) The
approval would not have been issued if the information submitted had been true,
complete, and not misleading; and
(2) The project
for which the approval was obtained cannot be made to conform to applicable
requirements.
(e) After the hearing, the department shall
suspend the approval if the department determines that:
(1) The
approval would have been issued if the information submitted had been true,
complete, and not misleading; and
(2) The project
for which the approval was obtained would conform with applicable requirements
if the deficiencies are corrected.
(f) If
an approval is suspended pursuant to (e), above, the department shall reinstate
the approval upon receiving proof from the recipient that the project meets
applicable requirements for approval.
(g) The department shall notify the recipient in
writing of its decision. If the decision
is to suspend or revoke the approval, the department shall specify the
reason(s) for the decision.
Source. (See Revision
Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
Appendix A: State Statutes
Implemented
|
Rule Section(s) |
State Statute(s) Implemented |
|
|
|
|
Env-Wq 1401 |
RSA 483-B:1; RSA 483-B:2 |
|
Env-Wq 1402 |
RSA 483-B:4; RSA 483-B:17, VIII and IX |
|
Env-Wq 1403 |
RSA 483-B:5; RSA 483-B:9, V(a) and (b); RSA
483-B:17, III |
|
Env-Wq 1403.03; 1403.04; 1403.05(a) |
RSA 483-B:9, V(a) & (b); RSA 483-B:17, III |
|
Env-Wq 1404.01 |
RSA 483-B:9, V(c) |
|
Env-Wq 1404.02 |
RSA 483-B:9, V(d) & (g) |
|
Env-Wq 1405 |
RSA 483-B:17, IV |
|
Env-Wq 1406 |
RSA 483-B:5-b; RSA 483-B:17, I and X |
|
Env-Wq 1407 |
RSA 483-B:5-b; RSA 483-B:17, I and X |
|
Env-Wq 1408 |
RSA 483-B:11 |
|
Env-Wq 1409 |
RSA 483-B:9, V(i) |
|
Env-Wq 1410 |
RSA 483-B:12; RSA 483-B:17, II |
|
Env-Wq 1411 |
RSA 483-B:3; RSA 483-B:6 |
|
Env-Wq 1412 |
RSA 483-B:9, V(a) and (b); RSA 483-B:17, IX |
|
Env-Wq 1413 |
RSA 541-A:22, IV |
|
Env-Wq 1414 |
RSA 541-A:16, I(b) |
Appendix B: Statutory Definitions
RSA 431:3
VII.
"Fertilizer'' means any substance containing one or more recognized plant
nutrients which is used for its plant nutrient content and which is designed
for use or claimed to have value in promoting plant growth, except
unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes,
and other products exempted by rule by the commissioner. "Fertilizer''
shall not include any horticultural growing medium as defined in RSA 433-A:3,
VI.
RSA
483-B:4
I.
“Abutter” means any person who owns property that is immediately contiguous to
the property on which the proposed work will take place, or who owns flowage
rights on such property. The term does
not include those properties separated by a public road or more than 1/4 mile
from the limits of the proposed work. If
contiguous properties are owned by the person who is proposing the work, then
the term includes the person owning the next contiguous property, subject to
the 1/4 mile limitation.
II.
“Accessory structure” means a structure, as defined in paragraph XXII of this
section, on the same lot and customarily incidental and subordinate to the
primary structure, as defined in paragraph XIV of this section; or a use,
including but not limited to paths, driveways, patios, any other improved
surface, pump houses, gazebos, woodsheds, garages, or other outbuildings.
IV.
“Commissioner” means the commissioner of the department of environmental
services or designee.
V.
“Department”' means the department of environmental services.
VI.
“Disturbed area” means an area in which natural vegetation is removed, exposing
the underlying soil.
VII.
“Ground cover” means any herbaceous plant or any woody seedling or shrub
generally less than 3 feet in height. Ground cover shall 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
species as designated by rule of the department of environmental services in
accordance with RSA 487:24, VII, imported organic or stone mulches, or other
artificial materials.
VII-b.
“Impervious surface” means any modified surface that cannot effectively absorb
or infiltrate water. Examples of impervious surfaces include, but are not
limited to, roofs, and unless designed to effectively absorb or infiltrate
water, decks, patios, and paved, gravel, or crushed stone driveways, parking
areas, and walkways.
VII-c.
“Horticultural professional” means any arborist, landscape architect, or
gardening consultant whose function is that of providing services relative to
horticulture.
VIII.
“Lot of record” means a legally created parcel, the plat or description of
which has been recorded at the registry of deeds for the county in which it is
located.
X.
“Municipality” means a city, town, village district if specifically authorized
to zone by the legislature, or county in respect to unincorporated towns or
unorganized places or any combination thereof pursuant to RSA 53-A.
XI-c.
“Nonconforming lot of record” means an existing lot which does not conform to
the provisions of this chapter.
XI-d.
“Nonconforming structure” means a structure that, either individually or when viewed
in combination with other structures on the property, does not conform to the
provisions of this chapter, including but not limited to the impervious surface
limits of RSA 483-B:9, V(g).
XI-e.
“Ordinary high water mark” means the line on the shore, running parallel to the
main stem of the river, established by the fluctuations of water and indicated
by physical characteristics such as a clear, natural line impressed on the
immediate bank, shelving, changes in the character of soil, destruction of terrestrial
vegetation, the presence of litter and debris, or other appropriate means that
consider the characteristics of the surrounding areas. Where the ordinary high
water mark is not easily discernable, the ordinary high water mark may be
determined by the department of environmental services.
XII.
“Person” means a corporation, company, association, society, firm, partnership
or joint stock company, as well as an individual, a state, and any political
subdivision of a state or any agency or instrumentality thereof.
XIII.
“Primary building line” means a setback for primary structures of 50 feet from
the reference line.
XIV. “Primary
structure” means a structure as defined in paragraph XXII of this section that
is central to the fundamental use of the property and is not accessory to the
use of another structure on the same premises.
XV.
“Protected shoreland” means, for natural, fresh water bodies without artificial
impoundments, for artificially impounded fresh water bodies, except private
garden water features and ponds of less than 10 acres, and for coastal waters
and rivers, all land located within 250 feet of the reference line of public
waters. For river segments of third order or lower designated as protected
under RSA 483:15 which are either designated after or for which specific
exemptions are repealed after December 31, 2015, "protected
shoreland" means all land located within 50 feet of the reference line of
public water.
XVI.
“Public waters” shall include:
(a)
All lakes, ponds, and artificial impoundments greater than 10 acres in size.
(b)
Coastal waters, being all waters subject to the ebb and flow of the tide,
including the Great Bay Estuary and the associated tidal rivers.
(c)
Rivers, meaning all year-round flowing waters of fourth order or higher and all
rivers and river segments designated as protected under RSA 483:15. Stream
order shall be determined using the New Hampshire hydrography dataset archived
by the geographically referenced analysis and information transfer system
(GRANIT) at the complex systems research center of the university of New
Hampshire, and developed by GRANIT in collaboration with the department of
environmental services. A listing of the streams of fourth order and higher
shall be prepared and periodically updated by the GRANIT at the complex systems
research center of the university of New Hampshire and delivered to the
commissioner 30 days after the effective date of this subparagraph.
XVII.
“Reference line” means:
(a)
For all lakes, ponds, and artificial impoundments greater than 10 acres in
size, the surface elevation as listed in the Consolidated List of Water Bodies
subject to the shoreland water quality protection act as maintained by the
department.
(b)
For coastal waters, the highest observable tide line, which means a line
defining the furthest landward limit of tidal flow, not including storm events,
which 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 further flow of the tide.
(c)
For rivers, the ordinary high water mark.
XVIII.
“Removal or removed” means girdled, felled, cut, sawed, pruned, pushed over,
buried, burned, or any other activity conducted to the extent that it otherwise
kills the vegetation.
XVIII-a.
“Repeat violation” means a violation that occurs within 3 years of notification
by the department of a prior violation, as defined in RSA 483-B:18, I, whether
on the same site or by the same person or entity on a second site. Each day of
continuing violation after notification of that violation shall be considered a
repeat violation.
XVIII-b.
“Repair” means work conducted to restore an existing, legal structure by
partial replacement of worn, broken, or unsound parts or to fix a specific
defect, during which all of the exterior dimensions are intact and remain so at
the conclusion of construction.
XVIII-c.
“Replace in kind” means the substitution of a new structure for an existing
legal structure, whether in total or in part.
XVIII-d.
“Replacement system” means a septic system that is not considered new
construction under RSA 485-A:29-44 and rules adopted to implement it.
XIX.
“Residential unit” means a structure, or portion thereof, providing complete
and independent living facilities, including permanent facilities for living,
sleeping, eating, cooking, and sanitation which are used in common by one or
more persons.
XX.
“Sapling” means any woody plant which normally grows to a mature height greater
than 20 feet and has a diameter less than 6 inches at a point 4 1/2 feet above
the ground.
XX-a.
“Shoreland frontage” means the actual shoreland frontage along the water front
measured at the reference line.
XXI.
“Shrub” means any multi-stemmed woody plant which normally grows to a mature
height of less than 20 feet.
XXII.
“Structure” means anything constructed or erected for the support, shelter or
enclosure of persons, animals, goods, or property of any kind, with a fixed
permanent location on or in the ground, exclusive of fences.
XXIII.
“Subdivision” means subdivision as defined in RSA 672:14.
XXIV.
“Tree” means any woody plant which normally grows to a mature height greater
than 20 feet and which has a diameter of 6 inches or more at a point 4 1/2 feet
above the ground.
XXIV-b.
“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.
XXV.
“Urbanization” means the concentrated development found in the sections of
towns or cities where there has been an historic pattern of intensive building
for residential, commercial, industrial, or mixed uses such that it contributes
to or constitutes the municipality's downtown, community center, or central
business district and wherein all vegetative buffers have been depleted,
impervious surfaces are in excess of 50 percent, and residential uses are of at
least 10 dwelling units per acre.
XXVI.
“Water dependent structure” means a structure that is a dock, wharf, pier, breakwater,
beach, boathouse, retaining wall, or launching ramp or other similar structure,
or any part thereof, built over, on, or in the waters of the state.
Appendix C: RSA 483-B
Sections Incorporated
RSA
483-B:5-b
IV-a.
At the time of the permit application, the applicant shall provide postal
receipts or copies, verifying that the governing body of the municipality or
municipalities in which the property is located and the local river management
advisory committee, if the project is within a designated river corridor
defined in RSA 483:4, XVIII and contains river and river segments designated in
RSA 483:15, and all abutters have been notified of the application by certified
mail. Applicants for the construction of public roads, public utility lines and
associated structures and facilities, and public water access facilities shall
only be required to provide postal receipts or copies, verifying that the
governing body of the municipality or municipalities in which the property is
located, and the local river management advisory committee if the project is
within a designated river corridor defined in RSA 483:4, XVIII and contains
river and river segments designated in RSA 483:15, have been notified of the
application by certified mail.
RSA
483-B:9, V(a)(2)(D)
(i) Tree and sapling diameters shall be measured at 4 1/2
feet above the ground for existing trees and saplings, or by caliper at a
height consistent with established nursery industry standards when nursery
stock is to be used, and are scored as follows:
Diameter or Caliper--Score
1 to 3 inches--1
Greater than 3 to and including 6 inches--5
Greater than 6 to and including 12 inches--10
Greater than 12 inches-- 15
(ii)
For the purpose of planting under RSA 483-B:9, V(g)(3), shrubs and groundcover
plants shall be scored as follows:
Four square feet of shrub area--1 point.
Ground cover, not including mowed lawn--one point for
every 50 square feet.
Shrub and groundcover shall count for at least 15
points and not more than 25 points in each full segment.
Appendix D: Native
Shoreland/Riparian Buffer Plantings
The following table is available online at: http://des.nh.gov/organization/commissioner/pip/publications/wd/documents/vrap_native_plantings.pdf
|
Common Name(s) |
Latin Name |
Height |
Growth Rate |
Rooting |
Light Preference |
Soil Preference |
Habitat |
Associated Birds & Mammals (Cover, Nesting or Food) & Food Value |
||||
|
Trees |
||||||||||||
|
American Basswood (American Linden) |
Tilia americana |
Medium-Large 60-100’ |
Moderate |
Deep |
Full/Part Shade or Full Sun |
Moist |
Rich woods, valleys, gentle slopes |
Wildlife: Pileated woodpecker, wood duck, other birds; deer,
rabbit, squirrel Food: Seeds, twigs |
||||
|
American Beech |
Fagus grandifolia |
Medium-Large 60-90’ |
Slow |
Shallow |
Full/Part Shade or Full Sun |
Dry or Moist |
Rich woods, well-drained lowlands |
Wildlife: Blue jay, chickadees,
nuthatches, quail, ruffed grouse, tufted titmouse, wild turkey, wood duck,
woodpeckers; bear, chipmunk, deer, fox, porcupine, snowshoe hare, squirrel Food: Nuts, buds, sap |
||||
|
American Hophornbeam (Ironwood) |
Ostrya
virginiana |
Small 20-40’ |
Slow |
Shallow |
Full/Part Shade or Full Sun |
Dry or Moist |
Rich woods |
Wildlife: Downy woodpecker, mockingbird, purple finch, ring-necked
pheasant, rose-breasted grosbeak, ruffed grouse, wild turkey, wood quail;
deer, rabbit, squirrel Food: Nuts, buds, seeds |
||||
|
American Hornbeam (Blue Beech /Musclewood) |
Carpinus caroliniana |
Small/Shrubby 20-40’ |
Slow |
Moderate |
Full/Part Shade or Full Sun |
Dry, Moist, Flood Tolerant |
Rich woods, forested wetlands, ravines, streambanks |
Wildlife: Quail, ruffed grouse, wood duck; beaver, deer,
squirrel Food: Seeds, buds |
||||
|
American Mountain Ash |
Sorbus
americana |
Small Up to 25’ |
Fast |
Shallow |
Full/Part Shade or Full-Sun |
Dry, Moist |
Forested wetlands, rich woods |
Wildlife: Bluebird, brown thrasher, catbird, cedar waxwing, grosbeak,
mockingbird, robin, thrushes, wild turkey; bear Food: Fruit, twigs |
||||
|
Balsam Fir |
Abies balsamea |
Small-Medium 40-60’ |
Fast |
Shallow |
Full Sun |
Moist, Flood Tolerant |
Forested wetlands, streambanks, rich woods |
Wildlife: Ruffed grouse,
songbirds; small mammals, moose Food: Seeds |
||||
|
Balsam Poplar |
Populus balsamea |
Medium 60-80’ |
Fast |
Shallow |
Full Sun |
Moist |
Floodplains, riverbanks, streambanks, valleys |
Wildlife: Beaver, deer, mouse, snowshoe hare Food: Buds, catkins, twigs, foliage |
||||
|
Big-Toothed Aspen |
Populus grandidentata |
Small-Medium 30-60’ |
Fast |
Shallow |
Full Sun |
Dry or Moist |
Sandy upland soils, floodplain streams; with quaking
aspen |
Wildlife: Black-capped chickadee, evening grosbeak, purple
finch, ruffed grouse, yellow-bellied sapsucker; deer Food: Buds, catkins, bark, twigs, and foliage |
||||
|
Black Ash |
Fraxinus
nigra |
Medium 60-80’ |
Moderate |
Shallow |
Full/Part Shade |
Moist, Flood Tolerant |
Forested wetlands, streambanks |
Wildlife: Songbirds, wood duck; deer, moose, small mammals Food: Fruit, twigs, young leaves |
||||
|
Black Birch (Sweet Birch) |
Betula lenta |
Medium 40-60’ |
Moderate |
Shallow |
Full/Part Shade |
Moist |
Cool, moist uplands, rich woods |
Wildlife: Grouse; deer, rabbit Food: Buds, catkins, seeds |
||||
|
Black Cherry |
Prunus
serotina |
Medium 40-60’ |
Moderate |
Deep Taproot |
Full/Part Shade |
Dry or Moist |
Rich woods, on many sites except very dry soils |
Wildlife: Bluebird,
blue jay, brown thrasher, cardinal, catbird, cedar waxwing, common crow,
eastern kingbird, evening grosbeak, mockingbird, northern flicker, northern
oriole, robin, ruffed grouse, sparrows, thrushes, veery, vireo,
yellow-bellied sapsucker; bear, chipmunk, deer, fox, raccoon, squirrel Food: Berries, buds, sap |
||||
|
Black Gum (Tupelo) |
Nyssa
sylvatica |
Medium 50-60 |
Slow |
No Information Available |
Full/Part Shade |
Dry or Moist |
Forested wetlands, floodplains |
Wildlife: Bluebird,
cardinal, catbird, chickadee, crow, finches, mallards, robin, ruby-throated hummingbird, ruffed grouse,
vireo, wild turkey, woodpeckers, wood duck; honeybees, bear, chipmunk, deer,
opossum, squirrel Food: Seeds, sap, nectar. |
||||
|
Black Spruce |
Picea mariana |
Small Up to 25’ |
Slow |
Shallow |
Full/Part Shade |
Moist, Flood Tolerant |
Bogs, forested wetlands, lake and pond shores |
Wildlife: Songbirds, ruffed grouse, spruce grouse; chipmunk,
cottontail, deer, porcupine, squirrel Food: Seeds, twigs, nectar, bark |
||||
|
Black Willow |
Salix nigra |
Small-Medium Up to 50’ |
Very Fast |
Very Shallow |
Full Sun |
Moist, Flood Tolerant |
Forested wetlands, lowlands, floodplains |
Wildlife: Songbirds
and mammals Food: Buds, catkins |
||||
|
Box Elder |
Acer
negundo |
Medium 40-70’ |
Very Fast |
Deep, Lateral |
Full Sun |
Dry, Moist, Flood Tolerant |
Forested wetlands, lowlands, floodplains |
Wildlife: Songbirds
and mammals Food: Seeds |
||||
|
Eastern Cottonwood |
Populus deltoides |
Medium-Large 80-100’ |
Fast |
Shallow |
Full Sun |
Dry or Moist |
Floodplains, streambanks, valleys |
Wildlife: Ruffed grouse Food: Catkins |
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|
Eastern Hemlock |
Tsuga
canadensis |
Medium-Large 80-100’ |
Moderate |
Shallow Lateral |
Full/Part Shade |
Dry or Moist, Acidic |
Cool, moist uplands, ravines, rock outcrops,
streambanks |
Wildlife: Black-capped chickadee, blue and green warblers,
crossbill, hawks, juncos, pine siskin, ruffed grouse, veery, wild turkey;
deer, chipmunk, cottontail, porcupine, squirrel, white-footed mouse Food: Twigs, foliage, seeds |
||||
|
Eastern White Pine |
Pinus strobus |
Large 70-120’ |
Moderate |
Shallow |
Full Sun |
Dry or Moist, Well-Drained |
Forested wetlands, bogs, ravines, cool shady north
slopes |
Wildlife: Brown creeper, chickadee, crossbill, grosbeak,
junco, nuthatch, pine warbler, sparrows, spruce grouse, wild turkey,
woodpeckers; beaver, chipmunk, deer, snowshoe hare, squirrel Food: Seeds, foliage, twigs; excellent winter food |
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|
Gray Birch (Wire Birch) |
Betula populifolia |
Small 20-35’ |
Fast |
Shallow |
Full/Part Shade or Full Sun |
Dry or Moist |
Pioneer Species; poorest of sterile soils, sandy or gravelly slopes |
Wildlife: American
goldfinch, blue jay, chickadee, northern junco, pine siskin, red-tailed hawk,
ruffed grouse, sparrows, vireo, yellow-bellied sapsucker, woodpeckers;
snowshoe hare Food: Seeds, buds |
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|
Green Ash |
Fraxinus pennsylvanica |
Medium-Large 60-80’ |
Fast |
Shallow |
Full/Part Shade or Full Sun |
Moist, Flood Tolerant |
Forested wetlands, floodplains, streambanks; never on dry soils |
Wildlife: Cardinal, finches, evening grosbeak, mourning dove,
red-winged blackbird, wood duck; beaver, chipmunk, deer, porcupine, squirrel Food: Seeds, foliage |
||||
|
Northern White Cedar (Arborvitae) |
Thuja
occidentalis |
Medium 30-60’ |
Slow to Moderate |
Shallow |
Full Sun |
Moist, Flood Tolerant |
Bogs, wetlands, rich woods |
Wildlife: Songbirds; small mammals, deer Food: Seeds, needles |
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|
Quaking/Trembling Aspen (Poplar) |
Populus tremuloides |
Small-Medium 30-60’ |
Fast |
Shallow |
Full Sun |
Dry or Moist |
Pioneer Species; dry open woods, sandy or gravelly slopes |
Wildlife: Ruffed grouse; beaver, deer, porcupine, snowshoe
hare Food: Buds, catkins, bark, twigs, and foliage |
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|
Red Maple |
Acer rubrum |
Medium 40-75’ |
Moderate to Fast |
Very Shallow |
Full Sun |
Dry, Moist, Flood Tolerant |
Forested wetlands, stream banks, lakeshores, rich woods, |
Wildlife: Cardinal, chickadee, evening and pine grosbeaks, finches, robin,
yellow-bellied sapsucker; beaver, chipmunk, deer; opossum, squirrel, snowshoe
hare Food: Seeds, buds, bark, twigs, sap |
||||
|
Red Oak |
Quercus
rubra |
Medium 60-90’ |
Moderate |
Deep Lateral |
Full/Part Shade or Full Sun |
Dry or Moist |
Bottom lands, moist slopes, |
Wildlife: Blue jay, brown
thrasher, ducks, hawks, quail, nuthatch, ruffed grouse, towhee, wild turkey,
woodpecker; bear, chipmunk, deer, gopher, opossum, raccoon, squirrel Food: Acorns |
||||
|
Shagbark Hickory |
Carya ovata |
Large 70-100’ |
Fast |
Deep Taproot |
Full/Part Shade |
Dry or Moist |
|
Wildlife: Cardinal, field sparrows, pine warbler,
rose-breasted grosbeak, rufous-sided towhee, white-breasted nuthatch, wild
turkey, wood duck, yellow-rumped warbler;
chipmunks, squirrels Food: Nuts |
||||
|
Silver Maple |
Acer sacharinium |
Medium 60-80’ |
Moderate |
Shallow |
Full/Part Shade or Full Sun |
Moist, Flood Tolerant |
Forested wetlands, riverbanks, floodplains,
streambanks |
Wildlife: Cardinal, goldfinch, evening and pine grosbeaks,
northern oriole Food: Seeds, buds |
||||
|
Striped Maple (Moosewood/ Moose Maple) |
Acerpensylvanicum |
Small/Shrubby 20-30’ |
Moderate |
Shallow |
Full/Part-Shade |
Moist |
Rich woods, cool moist sites |
Wildlife: Ruffed grouse; beaver, deer, moose, porcupine,
rabbit Food: Buds, bark,
samaras |
||||
|
Sugar Maple |
Acer
saccharum |
Medium-Large 60-100’ |
Slow |
Shallow |
Full/Part Shade or Full Sun |
Moist |
Valleys and uplands; tolerates almost all soil types |
Wildlife: Cardinal, goldfinch, grosbeak, ring-necked
pheasant, robin, ruffed grouse, vireo; beaver, chipmunk, porcupine; Browse
for deer, rabbit, snowshoe hare Food: Seeds, twigs, bark |
||||
|
Swamp White Oak |
Quercus
bicolor |
Medium 60-70’ |
Fast |
No Information Available |
Full/Part Shade |
Moist |
Forested wetlands, floodplains, streambanks |
Wildlife: Barred owl, blue jay, cardinal, brown thrasher, grouse,
mallards, nuthatch, quail, red-bellied woodpecker, red-tailed hawk, ruffed
grouse, starling, towhee, wild turkey, yellow-throated wabler,
wren; beaver, chipmunk, cottontail, deer, gopher, opossum, raccoon, squirrel,
white-footed mouse, wild turkey Food: Acorns |
||||
|
Sweet Gum |
Liquidambar
styraciflua |
Medium-Large 60-100’ |
Moderate |
No Information Available |
Full Sun |
Moist |
Valleys, Lower slopes, mixed woodlands |
Wildlife: Mourning dove, finches, junco, wren; beaver,
chipmunk, squirrel Food: Seeds |
||||
|
Sycamore (Planetree/Buttonwood) |
Platanus
occidentalis |
Large 80-100’ |
Slow |
No Information Available |
Full/Part Shade or Full-Sun |
Dry or Moist |
Floodplains, lakeshores, streambanks |
Wildlife: Finches; chipmunk, squirrel Food: Seeds |
||||
|
Tamarack (American/Eastern Larch) |
Larix
laricina |
Small-Medium 40-80’ |
Variable |
Moderate |
Full Sun |
Moist, Flood Tolerant |
|
Wildlife: Blue jay, kinglets, pheasant, red crossbill, robin,
ruffed grouse, spruce grouse, yellow-bellied sapsucker; chipmunk, deer,
porcupine, red squirrel, snowshoe hare Food: Needles, twigs, inner bark, seeds |
||||
|
White Ash |
Fraxinus
americana |
Medium-Large 70-100’ |
Moderate |
Shallow |
Full/Part Shade or Full Sun |
Moist, Flood Tolerant |
Rich woods, valleys, slopes, forested wetlands,
floodplains, streambanks |
Wildlife: Finches, grosbeaks, red-winged blackbird, wood
duck; deer, squirrel Food: Seeds, foliage |
||||
|
White Birch (Paper Birch) |
Betula papyrifera |
Medium 50-75’ |
Fast |
Shallow |
Full Sun |
Dry or Moist |
Forested wetlands, rich woods |
Wildlife: Grouse, siskins Food: Seeds, buds |
||||
|
White Oak |
Quercus
alba |
Medium-Large 50-90’ |
Moderate |
Deep |
Full/Part Shade or Full Sun |
Deep, rich, well-drained |
Streambanks, lakeshores, gentle slopes; adapts to
almost any condition |
Wildlife: Blue jay, brown thrasher, nuthatch, quail, ruffed
grouse, towhee, wild turkey, wood duck, woodpecker; chipmunk, bear, deer,
gopher, opossum, raccoon, squirrel Food: Acorns |
||||
|
White Spruce |
Picea glauca |
Medium 40-70’ |
Moderate |
Shallow |
Full/Part Shade or Full Sun |
Dry or Moist |
Streambanks, lakeshores, rich woods, adjacent slopes |
Wildlife: Fishers, martens,
snowshoe hare, voles Food: Seeds |
||||
|
Yellow Birch (Sweet Birch) |
Betula
alleghaniensis |
Medium-Large 70-100’ |
Slow |
Shallow/ Moderate |
Full/Part Shade |
Dry or Moist |
Forested wetlands, floodplains, ravines, cool, rich woods of high elevations |
Wildlife: Black-capped chickadee, common redpoll, goldfinch,
pine siskins, red-shouldered hawk, ring-necked pheasant, ruffed grouse, wild
turkey, wood duck, yellow-bellied sapsucker; beaver, chipmunk, deer,
porcupine, squirrel, snowshow hare Food: Catkins, buds, bark, twigs, foliage, seeds |
||||
|
Common Name(s) |
Latin Name |
Height |
Growth Rate |
Light Preference |
Soil Preference |
Habitat |
Associated Birds & Mammals (Cover, Nesting or Food) & Food Value |
||
|
Shrubs |
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|
American Hazelnut |
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