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 519 - PONDS
Section Env-Wt 519.08 - Classification of Pond Construction Projects

Universal Citation: NH Admin Rules Env-Wt 519.08

Current through Register No. 13, March 27, 2025

A project to construct a pond shall be classified as follows:

(a) Subject to (b), below, the project shall be a minimum impact project if the following criteria are met:

(1) The proposed project will impact less than 3,000 SF of wetlands, except that a fire pond may impact up to 10,000 SF of wetlands;

(2) The project area contains no very poorly drained soils;

(3) No waivers to any design requirements;

(4) The proposed pond will not be fed by or cause outflow to any watercourse; and

(5) The project is not located in and will not impact a PRA, except as provided in Env-Wt 407;

(b) A new wildlife pond shall be considered a minimum impact project if the following criteria are met:

(1) The applicant meets with the technical reviewer in the department's wetlands bureau at least 7 days prior to submitting the application;

(2) The pond is designed by a certified wetland scientist;

(3) The pond meets all design requirements specified in Env-Wt 519.05; and

(4) The project's total wetland impact does not exceed 20,000 SF;

(c) The project shall be a minor impact project if any of the criteria in (a) or (b), above, as applicable, are not met or if all of the following criteria are met:

(1) The project area contains very poorly drained soils but does not contain more than 15% inclusions of very poorly drained soils;

(2) The proposed pond will not be fed by or cause outflow to any watercourses;

(3) The project is not located in a marsh or scrub-shrub wetland adjacent to a surface water;

(4) The project will not impact a PRA, except as provided in Env-Wt 407; and

(5) The project will impact 3,000 SF or greater but less than 10,000 SF of wetlands; and

(d) The project shall be a major impact project if the proposed project:

(1) Will impact 10,000 SF or more of wetlands or surface waters; or

(2) Does not meet the criteria to be a minimum impact or minor impact project.

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