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 519.09 - Classification of Pond Maintenance

Universal Citation: NH Admin Rules Env-Wt 519.09

Current through Register No. 13, March 27, 2025

(a) Unless exempt pursuant to RSA 482-A:3, IV, or unless allowed as a conditionally authorized maintenance project under Env-Wt 309.02, a constructed pond shall become a jurisdictional wetland and may be maintained as a minimum impact project if the following conditions are met:

(1) The pond is an existing legal pond;

(2) The pond is an active man-made pond;

(3) The entire pond is not located in a PRA, except as provided in Env-Wt 407;

(4) The pond does not exceed 20,000 SF;

(5) The project is within the original footprint of the existing pond; and

(6) Dredged material will be placed outside of wetlands jurisdiction.

(b) If the project meets (a)(1), above, but does not meet (a)(2)-(4), above, the project shall be classified in accordance with Env-Wt 407.

(c) A pond that is not an existing legal pond shall not be maintained unless an after-the-fact permit is obtained for the construction of the pond, which shall be classified as provided in Env-Wt 519.08.

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