New Hampshire Code of Administrative Rules
Env - Department of Environmental Services
Subtitle Env-Wt - Wetlands Programs
Chapter Env-Wt 600 - COASTAL LANDS AND TIDAL WATERS/WETLANDS
Part Env-Wt 604 - GENERAL CRITERIA FOR PROJECT IMPACTS IN COASTAL AREAS
Section Env-Wt 604.03 - General Criteria for Tidal Waters/Wetlands
Universal Citation: NH Admin Rules Env-Wt 604.03
Current through Register No. 13, March 27, 2025
(a) Except as allowed under Env-Wt 606, permanent new impacts to tidal wetlands shall be allowed only to protect public safety or homeland security.
(b) Evaluation of impacts to tidal wetlands and tidal waters shall be based on:
(1) The
standard conditions in Env-Wt 307;
(2) The avoidance and minimization
requirements in Env-Wt 311.07 and Env-Wt 313.03;
(3) The approval criteria in Env-Wt
313.01;
(4) The evaluation criteria
in Env-Wt 313.05;
(5) The project
specific criteria in Env-Wt 600;
(6) The CFA required by Env-Wt 603.04; and
(7) The vulnerability assessment
required by Env-Wt 603.05.
(c) Projects in tidal surface waters or tidal wetlands shall:
(1) Optimize the natural
function of the tidal wetland, including protection or restoration of habitat,
water quality, and self-sustaining stability to storm surge;
(2) Be designed with a preference for living
shorelines over hardened stabilization practices; and
(3) Be limited to public infrastructure or
restoration projects that are in the interest of the general public, including
a road, a bridge, energy infrastructure, or a project that addresses predicted
sea-level rise and coastal flood risk.
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