New Hampshire Code of Administrative Rules
Env - Department of Environmental Services
Subtitle Env-Wq - Water Quality and Quantity Programs
Chapter Env-Wq 1500 - ALTERATION OF TERRAIN

Current through Register No. 13, March 27, 2025

Statutory Authority: RSA 485-A:6, VIII; RSA 485-A:17

Revision Note #1:

Document #9343, effective 1-1-09, readopted with amendments and redesignated former Part Env-Ws 415 entitled "Permits for RSA 485-A:17 Activities" as Chapter Env-Wq 1500, pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05 and changed the chapter heading to Alteration of Terrain. Document #9343 replaced all prior filings in the former Env-Ws 415.

The prior filings for former Env-Ws 415 included the following documents:

#1751, eff 5-4-81

#2670, eff 4-12-84, EXPIRED: 4-12-90

#4833, eff 6-4-90

#6261, INTERIM, eff 6-1-96, EXPIRED: 9-29-96

#6346, eff 10-1-96, EXPIRED: 10-1-04

#8191, INTERIM, eff 10-20-04, EXPIRES: 4-18-05

#8290, eff 2-24-05

Revision Note #2:

Document #9817-A, effective 12-1-10, adopted, amended, or readopted with amendments selected rules in Env-Wq 1501 through Env-Wq 1504, Env-Wq 1507, and Env-Wq 1508. The new rules adopted in #9817-A are Env-Wq 1501.03, Env-Wq 1503.32, and Env-Wq 1504.04. The adoption of new rules required the renumbering of existing rules in Env-Wq 1500, including rules with amendments in Document #9817-A and rules which were not in Document #9817-A. The source notes for rules renumbered by Document #9817-A indicate the former rule number. The source notes for rules only renumbered, but not amended or readopted, by Document #9817-A do not have the effective date of Document #9817-A.

Document #9817-A readopted with amendments and renumbered most of the former Env-Wq 1503.21 as Env-Wq 1503.21 and Env-Wq 1503.22. Document #9817-A also readopted with amendments and renumbered most of the former Env-Wq 1503.22 and Env-Wq 1503.23 as Env-Wq 1503.23 through Env-Wq 1503.26, and Env-Wq 1503.28.

Document #9817-B, effective 12-1-10, readopted with amendments and renumbered the former Env-Wq 1503.21(f), Env-Wq 1503.22(b), and Env-Wq 1503.23(b) in a new rule numbered Env-Wq1503.27.

Revision Note #3:

Document #12342, effective 8-15-17, adopted, readopted, or readopted with amendments all of the rules in Chapter Env-Wq 1500 and required renumbering of many existing rules in that chapter, including the former rule Env-Wq 1507.08 Long-Term Maintenance was readopted with amendments and renumbered as Env-Wq 1507.07, which had been a reserved number. Former Env-Wq 1508.04 Stormwater Treatment Practices: Stormwater Wetlands was readopted with amendments and renumbered as two rules-Env-Wq 1508.04 Stormwater Treatment Practices: Stormwater Wetlands and Env-Wq 1508.05 Stormwater Treatment Practices: Gravel Wetlands. The source notes for rules renumbered by Document #12342 indicate the former rule number. The rules in former Chapter Env-Wq 1500 which had last been filed under Document #9343, effective 1-1-09, did not expire on 1-1-17 but were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #12342, effective 8-15-17, which replaced all prior filings for rules in former Env-Wq 1500.

The new rules adopted by Document #12342 include the following definitions in Part Env-Wq 1502:

Env-Wq 1502.04 "Applicant"

Env-Wq 1502.05 "Agent"

Env-Wq 1502.18 "Earth material"

Env-Wq 1502.22 "Extended detention"

Env-Wq 1502.45 "Owner"

Env-Wq 1502.46 "Person"

Env-Wq 1502.47 "Personal agricultural activities"

Env-Wq 1502.69 "Temporary diversion practice"

The following substantive rules were adopted or inserted as amendments to Env-Wq 1500 by Document #12342:

Env-Wq 1504.16 Erosion Control Notes.

Env-Wq 1504.17 Blasting Plan Notes.

Env-Wq 1505.02 Required Construction Practices.

Env-Wq 1506.12 Sediment Control Methods: Temporary Stormwater Diversion.

Env-Wq 1510 BEST MANAGEMENT PRACTICES FOR BLASTING

REVISION NOTE #4:

Document #13758, effective 9-28-23, adopted, repealed, readopted with amendment, or readopted with amendment and renumbered various rules in Chapter Env-Wq 1500. The adoptions and repeals necessitated the renumbering of other existing rules in Chapter Env-Wq 1500 that were not in Document #13758. The former rule numbers for the renumbered rules are indicated in the source notes.

The new rules adopted by Document #13758 included the following definitions in Part Env-Wq 1502:

Env-Wq 1502.53 "Redevelopment"

Env-Wq 1502.85 "Wildlife food plot"

The following substantive rules were adopted in Chapter Env-Wq 1500 by Document #13758:

Env-Wq 1508.06 Bioretention System with Internal Storage Reservoir.

Env-Wq 1511 ADDITIONAL REQUIREMENTS FOR SOLAR ARRAYS

Document #13758 repealed Env-Wq 1502.47 defining "personal agricultural activities" and the substantive rule Env-Wq 1504.15 titled "Calculation of Percent Effective Impervious Cover (% EIC) and Percent Undisturbed Cover (% UDC)." There have been no filings which affected the repealed rules since Document #12342, effective 8-15-17, as outlined in Revision Note #3.

The amended version of this chapter by New Hampshire Register Number 41, eff. 9/24/2024 is not yet available.