New Hampshire Code of Administrative Rules
Env - Department of Environmental Services
Subtitle Env-Wt - Wetlands Programs
Chapter Env-Wt 700 - PRIME WETLANDS
Part Env-Wt 701 - PURPOSE; DEFINITIONS; STATUTORY PARAMETERS; ABBREVIATIONS AND ACRONYMS
Section Env-Wt 701.03 - Applicable Statutory Parameters

Universal Citation: NH Admin Rules Env-Wt 701.03
Current through Register No. 13, March 27, 2025

The statutory parameters that apply to a prime wetlands designated pursuant to RSA 482-A:15 or its predecessor statute shall be determined based on the date of the designation, as summarized in Table 701-1, below:

Table 701-1: Prime Wetlands Parameters

Session Law

Effective Date

Statutory Parameters

1979, 431:5-6

Aug. 22, 1979

. Municipalities authorized to designate prime wetlands

. NH Wetlands Board must notify local authority prior to issuing a permit for a project "in or adjacent to" designated prime wetlands

. Board adopts rules to implement, establish criteria (OLS document #1825, eff. 10-5-81; see OLS Revision Notes for subsequent history)

. No fixed buffers for prime wetlands, but rules establish requirements that apply to proposed work/activities that may impact prime wetlands, including no significant net loss of wetland function

. "Adjacent" not defined

2007, 211: 2

Aug. 24, 2007

. "in or adjacent to" changed to "in or within 100 feet of"

2009, 185:2

Sept. 11, 2009

. Department must notify local authority prior to issuing a permit for projects "in or within 100 feet of" a designated prime wetlands

. Waivers authorized for forest management work

2012, 235:2

Aug. 17, 2012

. Requirements established for a prime wetlands to be at least 2 acres in size; to not consist of a water body only; to have at least 4 primary wetland functions, one of which must be wildlife habitat; and to be at least 50 feet wide at its narrowest point

. Department must notify local authority prior to issuing a permit for projects in a designated prime wetlands or within 100 feet of any prime wetlands where a 100-foot buffer was required at the time of designation (i.e., on or after Sept. 11, 2009 but before Aug. 17, 2012)

#5486, eff 10-14-92; ss by #6498-B, eff 4-23-97, EXPIRED: 4-23-05

New.#8341, eff 4-25-05 (See Revision Note at chapter heading of Env-Wt 700)

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