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
Part Env-Wq 1504 - PLANS AND CALCULATIONS
Section Env-Wq 1504.07 - Deed Restrictions; Easements

Universal Citation: NH Admin Rules Env-Wq 1504.07

Current through Register No. 13, March 27, 2025

(a) The applicant shall submit the following with the application:

(1) Site plans showing the project boundaries, lot lines, surface waters, drainage system and drainage divides, areas of undisturbed cover, and the location of all existing and proposed impervious areas, including but not limited to roadways, sidewalks, roofs, buildings, and driveways;

(2) Calculations of the percent effective impervious cover (% EIC);

(3) Calculations of the percent undisturbed cover (% UDC); and

(4) As applicable, deed restrictions and easements per (b), and (c), below, provided that no deed restrictions or easements related to a shared stormwater management system shall be created on any lot that will be sold for a private residence that will not directly contribute stormwater to the system.

(b) Subject to (c), below, the owner shall prepare written deed restrictions or easements, as applicable, and submit them to the department for review whenever the original or amended plans show:

(1) That the drainage for individual lots or portions of individual lots will be maintained within the individual lot boundary and not connected to the site drainage network, in which case the deed restrictions for each lot shall state that current and future connection of the lot drainage to the site drainage network is prohibited and that all stormwater must be treated, and drainage maintained, on the individual lot;

(2) Areas of undisturbed cover (UDC) that will be used to meet antidegradation requirements, in which case the easements or deed restrictions for each area of UDC shall state that current and future development of the UDC areas is prohibited;

(3) Drainage easement(s) including but not limited to easements established to protect vegetated buffers; or

(4) Maintenance access easement(s).

(c) The requirements of (b)(1) and (2), above, shall not apply to activities that require an excavation, grading, and reclamation plan if no permanent structures will be built.

(d) If a permit is issued based on plans that show one or more proposed easements or deed restrictions, the permit holder shall record the easement(s) and deed restrictions, as applicable, and provide copies of the recorded documents to the department prior to offering any of the property for sale or otherwise developing the property.

(See Revision Note #1 at chapter heading for Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for Env-Wq 1500) renumbered by #9817-A (formerly Env-Wq 1504.06)

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