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 605 - AVOIDANCE AND MINIMIZATION; COMPENSATORY MITIGATION
Section Env-Wt 605.04 - Requirements for Compensatory Mitigation for Projects in Coastal Areas
Universal Citation: NH Admin Rules Env-Wt 605.04
Current through Register No. 13, March 27, 2025
(a) If compensatory mitigation is required, the type of compensatory mitigation shall be determined in accordance with Env-Wt 801.03(b).
(b) On-site compensatory mitigation, when proposed, shall demonstrate one or more of the following:
(1) Stream crossing upgrades that allow tidal
inflow or a legally protected preservation conservation easement in accordance
with Env-Wt 800 for marsh migration compatible with projected sea-level
rise;
(2) Restoration of and
preservation of an aquatic resource buffer in accordance with Env-Wt 804;
or
(3) Replacement or enhancement
of buffer functions or living shorelines by following planting recommendations
reflected in "Guidance for Considering the Use of Living Shorelines", NOAA,
2015, available as noted in Appendix B.
(c) Compliance with maintenance of the waterfront buffer, natural woodland buffer, unaltered percentage requirements, and impervious surface requirements, pursuant to Env-Wt 610 relative to tidal buffer zones shall not constitute mitigation.
(d) The applicant shall propose mitigation for proposed impacts that:
(1) Meets or
exceeds the minimum compensatory mitigation ratios stated in Table 800-1;
or
(2) Provides an acceptable
alternative compensatory mitigation proposal as described in
Env-Wt
803.09.
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