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 520 - FORESTRY
Section Env-Wt 520.05 - Forestry Project Classification
Universal Citation: NH Admin Rules Env-Wt 520.05
Current through Register No. 13, March 27, 2025
(a) The following forestry projects shall be minimum impact and so eligible for an SPN, PBN, or EXP in accordance with Env-Wt 300:
(1) Roadway construction through forested
wetlands for the purpose of conducting forest management activities, only if:
a. Roads are cleared only by felling timber
in the roadway;
b. The road base is
constructed using no fill other than:
1. Snow
pushed onto and frozen over the road base; or
2. Stumps inverted in places where support of
the road base is necessary;
c. The minimum length and number of ditches
necessary to create and maintain adequate drainage are constructed in
accordance with the Forestry BMPs, available as noted in Appendix B, and water
quality protection measures;
d.
Each road crossing is no more than 15 feet wide;
e. Stream crossings incorporate pole fords
with no stumping within the stream banks;
f. Spring retirement of winter roads includes
soil stabilization and drainage, such as water bars, necessary to prevent the
roadway from redirecting or channeling surface water runoff; and
g. A corduroy skid trail for any single
forested wetland crossing does not exceed 1,000 feet in length, measured along
the proposed skid trail;
(2) Installation of a permanent crossing,
such as a culvert or stone ford, and associated fill, to permit vehicular
access to a parcel for forest management, only if:
a. Access is not used for subdivision,
development, or other land conversion to non-forestry uses, except that
forestry uses may be combined with normal agricultural operations or trail
construction or maintenance, or both;
b. Roadway width, exclusive of side slopes,
at the crossing does not exceed 20 feet;
c. Roadway width, measured at the toe of the
roadway side slopes, is minimized and does not exceed 50 feet;
d. Fill for any single wetland crossing does
not exceed 50 feet in length, measured along the proposed access way;
e. Wetland crossings are limited
to those that:
1. Do not impact any bogs,
vernal pools, marshes, sand dunes, tidal wetlands, or undisturbed tidal buffer
zone;
2. Are not located in a prime
wetlands or duly-established 100-foot buffer unless a prime wetlands waiver has
been obtained in accordance with Env-Wt 700;
3. Only cross a swamp or wet meadow if such
swamp or wet meadow has no standing water for 10 months per year or more;
and
4. Are not located in a
protected species habitat unless authorized under Env-Wt 407; and
f. The scoured stream width is no
wider than 8 feet;
(3)
Construction of a temporary crossing of a non-tidal watercourse of any width
for the transportation of forest products, only if the temporary crossing:
a. Is not in or adjacent to prime wetlands or
a duly-established 100-foot buffer unless a prime wetlands waiver has been
obtained in accordance with Env-Wt 700;
b. Is not located in a protected species
habitat unless authorized under Env-Wt 407;
c. Is not used for access to property that
has been converted to non-forestry uses, except that forestry uses may be
combined with normal agricultural operations or trail construction or
maintenance or both;
d.
Incorporates not more than one pier or post per 15 feet of span;
e. Incorporates one or more abutments in the
bank(s) if necessary; and
f. If
other than corduroy, is removed within 2 years of the date the SPN, PBN, or EXP
is issued by the department, provided that if weather conditions preclude the
removal of the crossing when the work is completed, the crossing may remain in
place until weather conditions allow its removal; and
(4) Repair of existing forestry road crossing
that:
a. Crosses a watercourse for which the
scoured channel is 8 feet wide or narrower;
b. Is not in a prime wetlands or a
duly-established 100-foot buffer unless a prime wetlands waiver has been
obtained in accordance with Env-Wt 700;
c. Is not in a protected species habitat
unless authorized under Env-Wt 407;
d. Is not used for access to property that
has been converted to non-forestry uses, except that forestry uses may be
combined with normal agricultural operations or trail construction or
maintenance or both; and
e. The
structure disturbs less than 3,000 SF.
(b) Forestry projects shall be minor impact projects only if:
(1) The project exceeds the
criteria for a minimum impact project and does not meet the criteria for a
major impact project; or
(2) The
project exceeds 3,000 SF per crossing for other than corduroy crossings but
does not exceed 10,000 SF per crossing of permanent wetland impacts.
(c) Forestry projects shall be major impact projects if:
(1) The project
proposes permanent impacts in excess of the size limits for a minor
project;
(2) The project proposes
impacts to a bog, marsh, sand dune, tidal wetlands, or undisturbed tidal buffer
zone; or
(3) The project is in an
area with documented occurrences of a protected species or habitat where the
responsible party has not received recommendations from NHB or NHF &
G.
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