Current through Register No. 13, March 27, 2025
(a) The
department shall not approve any alteration of any jurisdictional area unless
the applicant demonstrates that the potential impacts to jurisdictional areas
have been avoided to the maximum extent practicable and that any unavoidable
impacts have been minimized, as described in A/M BMPs, available as noted in
Appendix B.
(b) For any major or
minor project, exclusive of non-tidal shoreline structures that are subject to
(c), below, the applicant shall demonstrate specifically that:
(1) There is no practicable alternative that
would have a less adverse impact on the area and environments under the
department's jurisdiction;
(2) The
project avoids and minimizes impacts to tidal marshes and non-tidal marshes
where documented to provide sources of nutrients for finfish, crustacea,
shellfish, and wildlife of significant value;
(3) The project maintains hydrologic
connections between adjacent wetlands or stream systems;
(4) The project avoids and minimizes impacts
to wetlands and other areas of jurisdiction under RSA 482-A, especially those
in which there are exemplary natural communities, vernal pools, protected
species and habitat, documented fisheries, or any combination
thereof;
(5) The project avoids and
minimizes impacts that eliminate, depreciate, or obstruct public commerce,
navigation, or recreation;
(6) The
project avoids and minimizes impacts to floodplain wetlands that provide flood
storage;
(7) The project avoids and
minimizes impacts to natural riverine forested wetland systems and scrub-shrub
marsh complexes of high ecological integrity;
(8) The project avoids and minimizes impacts
to wetlands that would be detrimental to adjacent drinking water supply and
groundwater aquifer levels; and
(9)
The project avoids and minimizes adverse impacts to stream channels and the
ability of such channels to handle runoff of waters.
(c) For any major or minor project involving
the construction or modification of non-tidal shoreline structures over areas
of surface waters having an absence of wetland vegetation, the applicant shall
demonstrate specifically that:
(1) The
structures have been designed to use the minimum construction surface area over
surface waters necessary to meet the stated purpose of the
structures:
(2) The type of
construction proposed is the least intrusive upon the public trust that will
ensure safe navigation and docking on the frontage;
(3) The structures have been designed to
avoid and minimize impacts on ability of abutting owners to use and enjoy their
properties;
(4) The structures have
been designed to avoid and minimize impacts to the public's right to
navigation, passage, and use of the resource for commerce and
recreation;
(5) The structures have
been designed, located, and configured to avoid impacts to water quality,
aquatic vegetation, and wildlife and finfish habitat; and
(6) The structures have been designed to
avoid and minimize the removal of vegetation, the number of access points
through wetlands or over the bank, and activities that may have an adverse
effect on shoreline stability.