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 514 - BANK/SHORELINE STABILIZATION: ALL PROJECTS
Section Env-Wt 514.02 - Approval Criteria for All Bank/Shoreline Stabilization Projects
Universal Citation: NH Admin Rules Env-Wt 514.02
Current through Register No. 13, March 27, 2025
(a) In addition to meeting the applicable conditions established in Env-Wt 300, the department shall not approve a hard-scape stabilization proposal such as rip-rap or a retaining wall unless the applicant demonstrates that the bank or shoreline in that location cannot be stabilized by preserving or restoring natural vegetation, landscaping, or bioengineering.
(b) Bank/shoreline stabilization shall:
(1) Be designed to be
the least intrusive practicable method in accordance with Chapter 8 of the A/M
BMPs, available as noted in Appendix B;
(2) Conform to the natural alignment of the
bank/shoreline;
(3) Not adversely
affect the stream course such that water flow will be transported by the stream
channel in a manner that the stream maintains it dimensions, general pattern,
and slope with no unnatural raising or lowering of the channel bed elevation
along the stream bed profile;
(4)
Not adversely affect the physical stream forms or alter the local channel
hydraulics, natural stream bank stability, or floodplain
connectivity;
(5) Avoid and
minimize impacts to shoreline resource functions as described in
Env-Wt
514.01 and Chapter 8 of the A/M BMPs, available as
noted in Appendix B;
(6) If the
project is a wall on a great pond or other surface water where the state holds
fee simple ownership of the bed, locate the wall on the shoreward side of the
normal high water line; and
(7) If
the project is to install rip-rap, locate the rip-rap shoreward of the normal
high water line, where practicable, and extend it not more than 2 feet lakeward
of that line at any point.
(c) The hierarchy of bank stabilization practices shall be as follows:
(1) Soft
vegetative bank stabilization, including regrading and replanting of slopes, in
which all work occurs above ordinary high water or normal high water;
(2) Bioengineered bank stabilization or
naturalized design techniques that uses a combination of live vegetation, woody
material, or geotextile matting and may include regrading and replanting of
slopes;
(3) Semi-natural form design
shall be allowed only where the applicant demonstrates that anticipated
turbulence, flows, restricted space, or similar factors, render vegetative or
soft stabilization methods, bioengineering, and natural process design
stabilization methods physically impractical;
(4) Hard-scape or rip-rap design shall be
allowed only where anticipated turbulence, flows, restricted space, or similar
factors render vegetative, bio-engineering, semi-natural form design and
diversion methods physically impractical and where necessary to protect
existing infrastructure; and
(5)
Wall construction shall be allowed as the last available option, only where
lack of space or other limitations of the site make alternative stabilization
methods of bioengineering, semi-natural, and rip-rap impractical. Wherever
sufficient room exists, slopes shall be cut back to eliminate the requirement
for a wall.
(d) Stream bank-stabilization project plans shall be developed in accordance with the following techniques, as applicable:
(1)
Naturalized and semi-natural design techniques where practicable in accordance
with "Guidelines for Naturalized River Channel Design and Bank Stabilization"
dated February 2007, R. Schiff, J.G. MacBroom, and J. Armstrong Bonin,
available as noted in Appendix B and at;
https://www.des.nh.gov/sites/g/files/ehbemt341/files/documents/2020-01/r-wd-06-37.pdf
(2) For bioengineering projects, National
Engineering Handbook Part 654 (NEH 654), Technical Supplement 141, Streambank
Soil Bioengineering, dated August 2007, NRCS, available as noted in Appendix B
and at
https://directives.sc.egov.usda.gov/OpenNonWebContent.aspx?content=17818.wba ;
and
(3) For stream restoration
projects, NEH 654, Stream Restoration Design, dated August 2007, NRCS,
available as noted in Appendix B and at
https://www.nrcs.usda.gov/wps/portal/nrcs/detail/national/water/manage/restoration/?cid=stelprdb1044707 .
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