New Hampshire Code of Administrative Rules
Env - Department of Environmental Services
Subtitle Env-Wt - Wetlands Programs
Chapter Env-Wt 500 - PROJECT-SPECIFIC REQUIREMENTS
Part Env-Wt 510 - AQUATIC VEGETATION CONTROL
Section Env-Wt 510.04 - Approval Criteria for NAV Removal Projects

Universal Citation: NH Admin Rules Env-Wt 510.04

Current through Register No. 13, March 27, 2025

In addition to meeting the applicable conditions established in Env-Wt 300, the department shall not approve a project to control or eradicate NAV unless the following criteria are met:

(a) The project:

(1) Is necessary to maintain access to an existing legal beach, docking facility, public boat ramp, or community swim area because the NAV is:

a. Negatively affecting private or public access to the waterbody;

b. Interfering with the applicant's ability to reasonably use watercraft or to engage in other recreational uses; or

c. Interfering with the normal outflow or flushing of the waterbody;

(2) Minimizes potential water quality impacts where disturbance to soft bottom substrates could result in turbidity or changes to the cross-section of the bottom if aquatic plants are disturbed or removed; and

(3) Protects critical habitats, nesting sites, and spawning fishery locations; and

(b) The project will not:

(1) Remove a protected species or habitat;

(2) Remove or disturb root systems or substrate materials or grades that would constitute dredging;

(3) Be located in:

a. A PRA, except as provided in Env-Wt 407; or

b. A diverse habitat that provides nesting or foraging habitat for fish or wildlife that would be negatively impacted by the removal of vegetation; or

(4) Cause removal of NAV that is part of a floating island.

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