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 522 - AGRICULTURAL ACTIVITIES
Section Env-Wt 522.01 - Applicability
Universal Citation: NH Admin Rules Env-Wt 522.01
Current through Register No. 13, March 27, 2025
(a) This part shall apply to agriculture activities in jurisdictional areas that are associated with maintenance or improvement of existing crop or pasture land for continued agriculture use that is necessary or incidental to a preexisting and ongoing bona fide agricultural operation as defined by RSA 21:34-a.
(b) This part shall not apply to the following activities, for which no permit shall be required:
(1) Cleaning and maintenance of legally
constructed man-made non-tidal drainage ditches that have not been abandoned;
and
(2) Maintenance, repair, or
replacement of lawfully constructed ponds on active farms as necessary to
preserve the usefulness of such ponds, provided that such ponds are not
extended into any undisturbed area of wetlands jurisdiction;
(c) This part shall not apply to the following activities, which require a separate permit:
(1) Construction of drainage ditches in
jurisdictional wetlands;
(2)
Widening, deepening, realigning, or extending the length of existing legally
constructed drainage ditches or irrigation ditches in jurisdictional wetlands
beyond original function design or original purpose;
(3) Except for access roads associated with
an agricultural project, placement of new fill in wetlands for agricultural
purposes, which shall be subject to permitting as a development project in
accordance with Env-Wt 524; or
(4)
Work in agricultural wetlands that are deemed abandoned as a result of not
having been used, managed, mowed, or maintained for agricultural purposes for a
period of 5 years, or where the work does not qualify as a new agriculture
project, which shall be subject to permitting as a development project in
accordance with Env-Wt 524.
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