New Hampshire Code of Administrative Rules
Env - Department of Environmental Services
Subtitle Env-Ws - Division of Water
Chapter Env-Ws 300 - NEW HAMPSHIRE DRINKING WATER RULES
Part Env-Ws 386 - RULES FOR PROTECTING THE PURITY OF REGULATED WATERSHEDS
Section Env-Ws 386.04 - Waivers
Current through Register No. 13, March 27, 2025
(a) Any person may request a waiver of a prohibition in any givenwatershed.
(b) Each request for a waiver shall:
(c) The signatures of the applicant and the affected land owner(s), if any, shall constitute a certification that the information provided is true, complete, and not misleading.
(d) Each request for a waiver shall include the following information:
(e) Upon receipt of a waiver request, the department shall inform the municipality in which the property is located and the affected water supplier in accordance with RSA 541-A:39.
(f) The department shall grant a request for waiver upon finding that:
(g) The department shall attach conditions to the approval of a waiver if such conditions are necessary to ensure that the intent of RSA 485:23 and RSA 485:24 is met to the greatest extent possible.
(h) A written decision on a waiver request shall be sent to the applicant, the property owner, if other than the applicant, the municipality in which the property is located, and the affected water supplier. If the request is denied, the decision shall state the reason(s) for the denial.
(i) If a waiver is granted, it shall be transferable with the affected property until the stated expiration date of the waiver, if any.
#6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300); ss by #8360, INTERIM, eff 6-4-05, EXPIRED: 12-1-05; ss by #8500, eff 11-30-05