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 408 - PRIORITY RESOURCE AREAS; FILL IN PUBLIC WATERS; AGGREGATION
Section Env-Wt 408.04 - Aggregation of Projects: Same Property

Universal Citation: NH Admin Rules Env-Wt 408.04

Current through Register No. 13, March 27, 2025

(a) A project shall be classified as major impact if the totality of all impacts of all projects on the subject property within the 5 years preceding the application for the current project meets any of the criteria for a major project listed in Env-Wt 407.02 or Env-Wt 407.03.

(b) For purposes of (a), above, the following shall apply:

(1) The subject property shall include any lots that have been subdivided from the property if the lots were part of the same property when one or more of the prior projects occurred; and

(2) Previous work on the subject property shall include all dredging, filling, and construction activities on the property, regardless of whether the work was done pursuant to an exemption or any form of approval from the department, or was done illegally.

(1) Take precedence over any lower classification; and

(2) Not be eligible for a waiver or downgrade of the classification.

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