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 407.04 - Project-Type Exceptions (PTEs)

Universal Citation: NH Admin Rules Env-Wt 407.04

Current through Register No. 13, March 27, 2025

(a) Classification based on size as established in Env-Wt 407.03 shall not apply to any project that meets the requirements for an SPN under Env-Wt 308 and the applicable provisions in Env-Wt 500, however such projects remain subject to Env-Wt 307 and all other qualifying criteria.

(b) Classification based on resource type impacted shall not apply to a restoration/enhancement project under Env-Wt 525 that:

(1) Is funded in whole or in part with public funds, whether from a federal, state, or local agency;

(2) Is conducted under the supervision of a New Hampshire state agency established to manage or protect natural resources, the university of New Hampshire, the US Environmental Protection Agency, the US ACE, NRCS, the National Oceanic and Atmospheric Administration (NOAA), the US Forest Service, or the US Fish and Wildlife Service; and

(3) Is not done to restore any area that is subject to a removal or restoration order.

(1) Maintenance, repair, and replacement in-kind of existing legal shoreline structures, whether tidal or non-tidal;

(2) Repair, but not replacement or slip lining, of existing legal stream crossings; or

(3) The projects listed in Table 407-2, below, which shall be classified as specified in Table 407-2, below:

Table 407-2: Classification Criteria For Specified Projects

Type of Project	Classification Criteria Specified In
Aquatic vegetation control	Env-Wt 510
Water access structures	Env-Wt 511
Breakwaters	Env-Wt 512
Docking structures and accessory docking structures	Env-Wt 513
Bank stabilization	Env-Wt 514
Dug-in basins/boat houses	Env-Wt 515
Trails, paths, and boardwalks	Env-Wt 517
Ponds	Env-Wt 519
Forestry	Env-Wt 520
Utility projects	Env-Wt 521
Agriculture	Env-Wt 522
Non-tidal Dredging	Env Wt 523
Dams	Env-Wt 526
Tidal projects including tidal docks, tidal dredging, tidal bank stabilization, sand dunes, coastal lands, and beach maintenance projects	Env-Wt 600
Stream crossings	Env-Wt 900

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