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 517 - TRAILS, PATHWAYS, AND BOARDWALKS
Section Env-Wt 517.06 - Classification of Trail and Pathway Projects

Universal Citation: NH Admin Rules Env-Wt 517.06

Current through Register No. 13, March 27, 2025

Trail and path projects shall be classified as follows:

(a) A trail project shall be minimum impact and eligible for an SPN if:

(1) For wetland crossings:
a. The project impacts less than 3,000 SF per crossing;

b. The trail width at each crossing does not exceed 20 feet;

c. The fill width is minimized and, measured at the toe of the trail side slope, does not exceed 50 feet per crossing; and

d. The fill length does not exceed 60 feet per crossing, measured along the centerline of the proposed trail;

(2) No impacts to a bog, marsh, sand dune, tidal wetland, cedar swamp, or undisturbed tidal buffer zone are proposed;

(3) The proposed crossing will not jeopardize the continued existence of protected species or habitat;

(4) The proposed crossing is not located within or adjacent to a designated prime wetlands or duly-established 100-foot buffer;

(5) For proposed culvert installations crossing a perennial or intermittent stream, the streams crossed have a scoured channel no more than 8 feet wide; or

(6) The proposed project that includes the installation of a new bridge or replacement of an existing bridge over a stream meets the following criteria:
a. No work will be performed in surface waters;

b. No fill will be placed in surface waters;

c. Impacts to the banks of the watercourse, including bridge structural supports, will not exceed 3,000 SF per crossing;

d. Bridges are not in a prime wetlands or duly-established 100-foot buffer;

e. Bridges are not in a bog, marsh, sand dune, or floodplain wetland adjacent to a tier 3 watercourse; and

f. The project site has not been identified by NHB as having occurrences of protected species or habitat or has been recommended for downgrade by NHB and NHF&G, where applicable;

(b) A new trail or path project shall be a minor impact project if the requirements for minimum impact crossings in (a)(1)b.-d. and (2)-(6), above, are met and the total impact to wetlands is greater than 3,000 SF per crossing but does not exceed 10,000 SF in total;

(c) A new trail or pathway project shall be a major impact project if:

(1) The project proposes any crossing of a PRA, except as provided in Env-Wt 407;

(2) The total crossing impact to wetlands is greater than 10,000 SF; or

(3) The project would require a waiver of any approval, design, or construction criteria;

(d) A project to maintain, repair, or replace an existing legal trail or pathway shall be a minimum impact project only if:

(1) No change in location, configuration, dimensions, or construction type is proposed; and

(2) No work will be done in standing or flowing water;

(e) A project to maintain, repair, or replace an existing legal trail or path shall be a minor impact project if it does not meet the criteria for either a minimum impact or a major impact project; and

(f) A project to maintain, repair, or replace an existing legal trail or pathway shall be a major impact project if the project would require a waiver of any approval, design, or construction criteria, unless the only waiver needed is for prime wetlands or a duly-established 100-foot buffer and the waiver is obtained pursuant to Env-Wt 706.

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