New Hampshire Code of Administrative Rules
Env - Department of Environmental Services
Subtitle Env-Wt - Wetlands Programs
Chapter Env-Wt 300 - PERMITS AND OTHER AUTHORIZATIONS; CONDITIONS APPLICABLE TO ALL WORK IN JURISDICTIONAL AREAS
Part Env-Wt 306 - ACTIVITIES REQUIRING A PERMIT OR OTHER AUTHORIZATION; REQUIRED PLANNING FOR ALL PROJECTS; WHEN ABUTTER NOTIFICATION REQUIRED
Section Env-Wt 306.05 - Required Planning For All Projects

Universal Citation: NH Admin Rules Env-Wt 306.05

Current through Register No. 13, March 27, 2025

(a) In order to determine the appropriate impact classification of a project and the type of approval required, if any, the person responsible for a proposed project shall:

(1) Have all wetlands delineated and classified by a certified wetland scientist unless:
a. The project is conditionally exempt under Env-Wt 309.02; or

b. The project is exempt from delineation requirements under Env-Wt 406.03;

(2) Determine whether the subject property is or contains a priority resource area, by determining whether the subject property:
a. Contains any documented occurrences of protected species or habitat for such species, using the Data Check tool at;

b. Is a bog;

c. Is a floodplain wetland contiguous to a tier 3 or higher watercourse;

d. Is a designated prime wetlands or a duly-established 100-foot buffer; or

e. Is a sand dune, tidal wetland, tidal water, or undeveloped tidal buffer zone;

(3) For projects that are subject to Env-Wt 600, conduct the data screening required by Env-Wt 603.03;

(4) Also determine whether the subject property:
a. Is within LAC jurisdiction, unless the project will be conducted pursuant to a notification for minimum impact activities under RSA 482-A:3, V, RSA 482-A:3, XII, or RSA 482-A:3, XVI on land used for agricultural purposes as provided in RSA 483:12-a; or

b. Is within or contains any areas that are subject to time of year restrictions under Env-Wt 307;

(5) For stream crossing projects, also determine the size of the watershed;

(6) For dredge projects, also determine whether the subject property is contaminated; and

(7) For projects for which a standard permit will be sought, also determine whether the project has potential to impact impaired waters, class A waters, or outstanding resource waters.

(b) Unless otherwise specified, the determinations required by (a), above, may be made using:

(1) The wetlands permit planning tool, available at https://nhdeswppt.unh.edu/; or

(2) Any other database or source that provides the requisite information.

Disclaimer: These regulations may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.