New Hampshire Code of Administrative Rules
Env - Department of Environmental Services
Subtitle Env-Wt - Wetlands Programs
Chapter Env-Wt 400 - DELINEATION AND CLASSIFICATION OF JURISDICTIONAL AREAS; CLASSIFICATION OF PROJECTS
Part Env-Wt 407 - BASIS FOR CLASSIFICATION OF PROJECTS
Section Env-Wt 407.02 - Impact Classification Adjustments
Current through Register No. 13, March 27, 2025
(a) A project that impacts a PRA and that does not qualify for a project-type exception (PTE) under Env-Wt 407.04 shall be classified as a major project regardless of the size of the impact.
(b) A project shall be classified as a minor or major project, as applicable based on the other qualifying criteria, regardless of the size of the impact if it does not qualify for a PTE under Env-Wt 407.04 and it impacts:
(c) A project that is classified as a major project based solely on the documented occurrence of protected species or habitat and would otherwise qualify for an LSA, PBN, EXP, or as a minimum impact project shall be processed as an LSA, PBN, EXP, or standard minimum or minor impact project, as applicable based on the other qualifying criteria, only if the applicant provides written documentation committing to implementation of recommendations from NHB or NHF &, or both, as applicable, regarding the protected species or habitat.
(d) A project that is classified as a major project based solely on the documented occurrence of protected species or habitat shall be processed as a minimum impact project where the project would otherwise qualify as an SPN, only if the person responsible for the SPN project obtains recommendations from NHB or NHF & G, or both, as applicable, regarding the protected species or habitat.
