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 312 - STANDARD PERMIT APPLICATION PROCESSING AND REVIEW
Section Env-Wt 312.06 - Permits by Default
Current through Register No. 13, March 27, 2025
(a) As stated in RSA 482-A:3, XIV(b)(1), "[i]f the department fails to act within the applicable time frame established in subparagraphs (a)(3), (a)(4), and (a)(5), the applicant may ask the department to issue the permit by submitting a written request. If the applicant has previously agreed to accept communications from the department by electronic means, a request submitted electronically by the applicant shall constitute a written request."
(b) As provided in RSA 482-A:3, XIV(b)(2), within 14 days of the date of receipt of a written request from the applicant to issue the permit, the department shall:
(c) As provided in RSA 482-A:3, XIV(b)(3), if the department does not issue either a permit or a written denial within the 14-day period, the applicant shall be deemed to have a permit by default and may proceed with the project as presented in the application.
(d) As provided in RSA 482-A:3, XIV(b)(3), a permit by default shall not relieve the applicant of complying with all requirements applicable to the project, including but not limited to requirements established in or under RSA 482-A, RSA 485-A relating to water quality, and federal requirements.
(e) As provided in RSA 482-A:3, XIV(b)(4), upon receipt of a written request from an applicant, the department shall issue written confirmation that the applicant has a permit by default pursuant to RSA 482-A:3, XIV(b)(3), which authorizes the applicant to proceed with the project as presented in the application and requires the work to comply with all requirements applicable to the project, including but not limited to requirements established in or under RSA 482-A and RSA 485-A relating to water quality, and federal requirements.
