New Hampshire Code of Administrative Rules
Env - Department of Environmental Services
Subtitle Env-Wt - Wetlands Programs
Chapter Env-Wt 900 - STREAM CROSSINGS; CERTIFIED CULVERT MAINTAINER PROGRAM
Part Env-Wt 904 - DESIGN AND CONSTRUCTION OF STREAM CROSSINGS
Section Env-Wt 904.05 - Tier 3 Stream Crossings
Current through Register No. 13, March 27, 2025
(a) Subject to (b), below, a tier 3 stream crossing shall be a crossing located:
(b) The applicant for a project in which a stream crossing is categorized as tier 3 based solely on being in a 100-year floodplain may request that the crossing be categorized as a tier 1 or tier 2 stream crossing, as applicable based on watershed size, if the impacts to the floodplain are specifically mitigated in accordance with Env-Wt 800.
(c) The applicant for a project in which a stream crossing is categorized as tier 3 based solely on being in a jurisdictional area having any protected species or habitat may request that the crossing be categorized as tier 1 or tier 2 based on watershed size, provided:
(d) A tier 3 stream crossing shall be a span structure or an open-bottomed culvert with stream simulation, not a closed-bottom culvert or pipe arch.
(e) The applicant may propose an alternative design by submitting a request as specified in Env-Wt 904.10.
(f) Compensatory mitigation shall not be required for:
(g) Plans for a tier 3 stream crossing shall be dated and bear the signature and seal of the professional engineer who prepared or had responsibility for and approved them, as required by RSA 310-A:18.
#9714, eff 5-12-10