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 307 - CONDITIONS APPLICABLE TO ALL ACTIVITIES IN JURISDICTIONAL AREAS
Section Env-Wt 307.11 - Filling Activity Conditions

Universal Citation: NH Admin Rules Env-Wt 307.11

Current through Register No. 13, March 27, 2025

In addition to all other applicable conditions in this part, the following conditions shall apply to all temporary and permanent filling activities:

(a) Fill shall be clean sand, gravel, rock, or other material that:

(1) Meets the project's specifications for its use; and

(2) Does not contain any material that could contaminate surface or groundwater or otherwise adversely affect the ecosystem in which it is used;

(b) Limits of fill shall be clearly identified prior to commencement of work and controlled in accordance with Env-Wt 307.03 to ensure that fill does not spill over or erode into any area where filling is not authorized;

(c) Slopes shall be immediately stabilized by a method specified in Env-Wq 1506 or Env-Wq 1508, as applicable, to prevent erosion into adjacent wetlands or surface waters;

(d) No fill shall be allowed to achieve setbacks to septic systems specified in Env-Wq 1000;

(e) Fill shall be not placed so as to direct flows onto adjacent or down-current property;

(f) Swamp mats and construction mats shall be deemed temporary fill for new authorizations only if they meet the requirements of (h)(1) and (h)(2), below;

(g) Authorized temporary fill other than swamp mats, construction mats, and corduroy shall be placed on geotextile fabric laid on preconstruction wetland grade;

(h) Subject to (i), below, temporary fill shall be:

(1) In place no longer than one growing season;

(2) Removed immediately upon work completion; and

(3) Disposed of at an upland location in a manner that prevents its erosion into a surface water or wetland;

(i) Corduroy shall be deemed temporary fill that may be left in place if it:

(1) Is installed as part of a skid trail in accordance with the Forestry BMPs;

(2) Does not exceed 1,000 LF and 20,000 SF per crossing; and

(3) Does not cross or otherwise impact a perennial stream, marsh, PRA, or vernal pool;

(j) Wetlands and surface waters shall be restored to pre-impact conditions and elevation as specified in Env-Wt 307.12(i), below, unless otherwise authorizedin an issued permit;

(k) Swamp mats shall be:

(1) Properly installed, not dragged into position; and

(2) Removed immediately upon the completion of work; and

(l) No fill shall take place in a PRA unless:

(1) Specifically authorized by the department in an issued permit; or

(2) Authorized under applicable project-specific provisions.

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