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 526 - DAMS
Section Env-Wt 526.02 - Approval Criteria for Dam Projects

Universal Citation: NH Admin Rules Env-Wt 526.02

Current through Register No. 13, March 27, 2025

In addition to meeting all applicable criteria established elsewhere in subtitle Env-Wt, the applicant for a permit under RSA 482-A for a C/M/R project shall demonstrate that the project meets the following criteria:

(a) For a project to repair, replace in kind, reconstruct, or modify a dam:

(1) The dam is an existing legal structure; and

(2) There will be no significant expansion or increase in the level of impounded water as a result of the project;

(b) No flooding or de-watering associated with the C/M/R project will permanently destroy native hydrophytic vegetation or aquatic habitat of finfish, crustacea, or wildlife;

(c) Existing aquatic organism passage and stream flow will be maintained during and after construction at appropriate times to allow migration of fish and aquatic organism passage, if practicable;

(d) Any new dam on a watercourse that is subject to Env-Wq 1900 relative to in-stream flows will be designed and constructed to provide a means of maintaining minimum flows;

(e) For a project to construct a dam where no dam currently exists, if a permit under RSA 482 and Env-Wr 100 et seq. is required but has not been issued, the application for such permit has been filed; and

(f) The C/M/R project will not permanently impound, convert, or drain any PRA.

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