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 704 - SUPPLEMENTARY INFORMATION AND CRITERIA FOR PROJECTS PROPOSED IN PRIME WETLANDS/BUFFER
Section Env-Wt 704.03 - Compensatory Mitigation

Universal Citation: NH Admin Rules Env-Wt 704.03

Current through Register No. 13, March 27, 2025

(a) To meet the requirement of no significant net loss pursuant to RSA 482-A:11, IV, no form of off-site compensatory mitigation or in-lieu fee mitigation payment shall be allowed for any minor or major project proposed to have permanent impacts to a prime wetlands/buffer.

(b) For any minor or major project proposed in a prime wetlands/buffer, compensatory mitigation for unavoidable permanent impacts shall meet the requirements of Env-Wt 800, subject to (c) through (f), below.

(c) Any applicant proposing a project in a prime wetlands/buffer that requires compensatory mitigation shall undertake on-site mitigation to ensure compliance with RSA 482-A:11, IV.

(d) The applicant shall obtain concurrence from the local conservation commission, if any, or the local governing body for any proposed mitigation plan for impacts to designated prime wetlands/buffer.

(e) If the applicant is not able to obtain concurrence as specified in (d), above, the department shall hold a public hearing to receive comments, impact analysis, and wetlands evaluation on the mitigation proposal.

(f) Any project that is exempt pursuant to RSA 482-A:11, IV(d) shall not be required to provide mitigation for unavoidable permanent impacts that are less than the level of significant net loss.

Disclaimer: These regulations may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.