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 313 - PROCEDURES AND CRITERIA FOR STANDARD PERMIT DECISIONS
Section Env-Wt 313.04 - When Compensatory Mitigation is Required
Universal Citation: NH Admin Rules Env-Wt 313.04
Current through Register No. 13, March 27, 2025
(a) Compensatory mitigation shall be required for all impacts to jurisdictional areas, unless there are no proposed permanent impacts to a PRA, and:
(1) The total permanent project impacts to
freshwater nontidal wetland is less than 10,000 SF;
(2) The project is limited to the repair of
docking structures, or the construction of docking structures, including
accessory docking structures, that will result in an increased permanent
footprint on the frontage of less than 2000 SF;
(3) The total of new permanent bank and
channel impacts is less that 200 linear feet as measured along the watercourse
as described in Env-Wt
407.03(c);
(4) The project is the construction of a pond
that will impact less that 10,000 SF of non-tidal wetlands, or 20,000 SF of
non-tidal wetlands for a proposed wildlife pond;
(5) The project is the modification or
replacement of a Tier 1 stream crossing that qualifies for an SPN or LSA, or is
classified as minimum or minor projects;
(6) The project is the modification or
replacement of a Tier 2 stream crossing that meets the requirements of
Env-Wt
904.07, is self-mitigating pursuant to
Env-Wt
902.27, or is being repaired, rehabilitated, or
replaced pursuant to Env-Wt 904.08; or
(7) The project is the modification or
replacement of a Tier 3 or Tier 4 stream crossing that meets the requirements
of Env-Wt
904.07, is self-mitigating pursuant to
Env-Wt
902.27, or is being repaired, rehabilitated, or
replaced pursuant to Env-Wt 904.09.
(b) The following activities shall be exempt from compensatory mitigation:
(1)
Bank stabilization using rip-rap or other bank stabilization techniques to
protect existing infrastructure such as highways, bridges, dams, or buildings
thatis intended to remedy a hydraulic deficiency of a stream
crossings;
(2) Bank stabilization
using bio-engineering methods;
(3)
Temporary impacts that are not intended to remain after the project is
completed, provided the areas are restored in accordance with provisions shown
in the approved project plans;
(4)
Wetland restoration or enhancement activities as defined in
Env-Wt
104.56,
Env-Wt
104.59, and Env-Wt 525;
(5) Stream restoration or enhancement
activities as defined in
Env-Wt
104.29 and
Env-Wt
902.31 and conducted in accordance withEnv-Wt
407.04(b) and Env-Wt 525;
(6) Minimum impact maintenance activities
such as piling replacement, in-kind structure reconstruction, and sediment
displacement from intake structures as described in Env-Wt 516;
(7) Maintenance dredge of a federal
navigation project (FNP) that is on an active dredge cycle or maintenance
dredge of existing, legal boat slips;
(8) Construction of a tidal docking structure
where the combined total of all docking structure surface area on the frontage
is less than 2,000 SF;
(9) A
project that is exclusively a living shoreline project using non-structural
vegetated approaches to hybrid hard structural natural methods that address
erosion and inundation in a manner that improves or protects the ecological
condition of the coastline or replaces lost tidal marsh functions;
(10) A project that is limited to sand dune
replacement or restoration; and
(11) Impacts to developed upland as defined
in Env-Wt
602.12.
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.
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