New Hampshire Code of Administrative Rules
Env - Department of Environmental Services
Subtitle Env-Wt - Wetlands Programs
Chapter Env-Wt 200 - HEARINGS, APPEALS, AND WAIVER REQUESTS
Part Env-Wt 204 - WAIVERS
Section Env-Wt 204.05 - Criteria for Waivers
Universal Citation: NH Admin Rules Env-Wt 204.05
Current through Register No. 13, March 27, 2025
(a) In addition to the requirements of any other applicable rule or law, the department shall grant a waiver of a rule if it determines that:
(1) Granting the waiver
will not result in:
a. An adverse effect on
public safety or the environment that is greater than adherence to the
applicable rule; and
b. An adverse
impact on abutting properties that is more significant than that which would
result from complying with the rule;
(2) The purposes and intent of RSA 482-A will
be met if the waiver is granted; and
(3) Granting the waiver will not have the
effect of waiving or modifying a statutory requirement.
(b) If the department determines that an applicant is unable to meet the standard in (a)(1), the department shall grant a waiver of a rule if it determines that:
(1)
Application of the rule to the property will prohibit all reasonable use of the
property based on the special and unique conditions of the property that
distinguish it from other properties in the area;
(2) Any adverse effect or impact is minimized
to the maximum extent practicable; and
(3) The requirements in (a)(2) and (3) are
met.
(c) The department shall grant a waiver pursuant to RSA 482-A:26, III(b) only if it determines that the criteria listed in RSA 482-A:26, III(b) are met.
#6498-B, eff 4-23-97, EXPIRED: 4-23-05
New. #8341, eff 4-25-05 (See Revision Note at chapter heading for Env-Wt 200); ss by #10366-A, eff 6-26-13
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