CHAPTER
Env-Wt 100
DEFINITIONS; ACCESS TO RECORDS
Statutory
Authority: RSA 482-A:11, I
REVISION NOTE #1:
Document #5536, effective 12-23-92,
made extensive changes to the wording and numbering of rules containing definitions in Part Wt 101
in Chapter Wt 100.
Document #5536 superseded all prior filings for the sections in Part Wt 101 and Parts Wt 102 and Wt 103. Document
#5536 contained many definitions which amended or incorporated definitions in
Part Wt 601, which was subsequently repealed by
Document #5551, effective 1-5-93.
The prior
filings for former Part Wt 101 included the following
documents:
#2271, eff 1-10-83
#2923, eff
12-10-84
#2924, eff
12-11-84
#3072, eff 7-26-85
#4039, eff 4-10-86
#4292, eff 7-13-87
#4386, eff 3-10-88
#5028, eff
12-20-90
Please note that some of the rules in
former Part Wt 101 had EXPIRED between 12-11-90 and
12-20-90.
REVISION NOTE #2:
Document
#8340, effective 4-25-05, readopted, or readopted with amendments and
renumbered, all the definitions in Part Wt 101. Document #8340 superseded all prior filings
for the sections in this part.
The filings for
former Part Wt 101 after Document #5536 and
prior to Document #8340 included the following documents:
#5739, eff 11-23-93
#6199, eff 2-29-96
#6404, INTERIM, eff 12-21-96,
EXPIRED 4-20-97
#6498-A, eff 4-23-97
#7071, eff 8-13-99
#7855, eff 3-21-03
#8053, eff 2-28-04
REVISION NOTE #3:
Pursuant to a rules
reorganization plan approved by the Director of the Office of Legislative
Services on September 7, 2005, Department
rules in Wt 100 filed under Document #8340, effective
4-25-05, or under prior documents that were still in effect, were editorially
renumbered subsequently with subtitle Env-Wt denoting
the wetlands program area. The title Wt was discontinued.
REVISION NOTE #4:
Document
#12801, effective 12-15-19, adopted, readopted, readopted with amendment, or
repealed all of the rules in Chapter Env-Wt 100, and changed the chapter heading from
“Organizational Rules” to “Definitions; Access to Records.” Document #12801 also made extensive changes
in the numbering of rules within the chapter.
Document
#12801 replaces all prior filings for rules in the former Env-Wt 100. The prior
filings affecting rules in the former Env-Wt 100,
after Document #8340 was effective 4-25-05, included the following documents:
#9094, eff 2-23-08
#9131, eff 4-19-08
#9713, eff 5-12-10
#10999, eff 12-23-15
#12801, eff 12-15-19
As organizational
rules the rules in Chapter Env-Wt 100 will not expire except pursuant to RSA 541-A:17, II.
REVISION NOTE #5:
Document
#13945, effective 4-27-24, adopted, repealed, readopted with amendment, or
readopted with amendment and renumbered various rules in Chapter Env-Wt 100. This
necessitated extensive renumbering of other existing rules in the chapter which
were not in Document #13945. The new
rules adopted were Env-Wt 103.13 defining “functional
and intact”; Env-Wt 103.24 defining “in writing”, Env-Wt
104.19 defining “signature”, Env-Wt 104.20 defining
“signed statement”, and Env-Wt 104.68 defining
“written notice.”
The
rule repealed was Env-Wt 102.21 defining “best
management practices for marinas (Marina BMPs)”. There were no filings affecting Env-Wt 102.21 after Document #12801, effective 12-15-19.
As organizational
rules the rules in Document #13945 will not expire except pursuant to RSA
541-A:17, II.
PART Env-Wt 101 DEFINITIONS INCORPORATED
Env-Wt
101.01 Definitions Relating to
Coastal Lands and Tidal Waters. Terms
in subtitle Env-Wt relating directly to coastal lands
and tidal waters shall have the meanings specified in Env-Wt
602.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
101.02 Definitions Relating to Stream
Crossings. Terms in subtitle Env-Wt relating directly to stream crossings shall have the
meanings specified in Env-Wt 902.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
101.03 Terms Defined in Best
Management Practices Manuals. Any
term defined in a best management practices manual shall have the meaning
assigned in the manual for any activity being conducted in accordance with the
manual.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
PART Env-Wt 102
DEFINITIONS: A THROUGH E
Env-Wt
102.01 “100-year floodplain” means those
areas identified as a 100-year floodplain on the Federal Emergency Management
Agency (FEMA) Flood Insurance Rate Maps, available at https://www.nh.gov/osi/planning/programs/fmp/maps.htm.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
102.02 “Abandoned” means a structure has
not been maintained for 5 years or more and is no longer in a functional and
intact condition for its original intended use.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
102.03 “Abutter” means any person who
holds title to abutting property or who owns flowage rights on abutting
property.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
102.04 “Abutting property” means any property
immediately contiguous to the property on which a project has occurred or
is proposed, provided that:
(a) The term does not include any property that is
separated by a public road from the property on which a project has occurred or
is proposed, or that is more than ¼-mile from the limits of the work or
proposed work;
(b)
For any project located on the shoreline of a surface water body, the
term includes any property within 100 feet of the shoreline impact in any
direction;
(c)
For any project that will impact a watercourse, the term includes any
property within 100 feet upstream or downstream of the impact area; and
(d)
If an abutting property is owned
in whole or in part by the person who undertook the work or is proposing to
undertake the work, or is necessary to meet a frontage requirement, the term
includes the next contiguous property, subject to the ¼-mile limitation.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
102.05 “Accessory docking structure”
means a docking structure that assists in securing watercraft or protecting the
docking structure or watercraft but is not used to load or unload passengers or
goods, such as, for example, a canopy, dolphin, ice cluster, personal
watercraft lift, or watercraft lift.
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19; ss by #13945, eff 4-24-24 (See Revision Note #5 at chapter
heading for Env-Wt 100)
Env-Wt
102.06 “Administratively complete” means
that the application or notification package contains all items and information
required by the applicable provisions in Env-Wt
308.06, Env-Wt 309.05, Env-Wt
309.07, Env-Wt 309.08, Env-Wt
310.01, Env-Wt 310.02, Env-Wt
311.12, Env-Wt 311.13, Env-Wt
312.02, and Env-Wt 312.05.
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19 ; ss by #13945, eff 4-24-24 (See
Revision Note #5 at chapter heading for Env-Wt 100)
Env-Wt
102.07 “After-the-fact application”
means an application for a permit or other approval under RSA 482-A that is
filed after work on the project covered by the application has been started or
is complete.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
102.08 “After-the-fact permit” means a
permit or other approval issued based on an after-the-fact application.
Source. (See Revision
Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff
12-15-19
Env-Wt
102.09 “Applicant” means a person having
a legally-recognized interest in the land on which work in a jurisdictional
area has been undertaken or is proposed to be undertaken that is sufficient for
the person to have, or to obtain, an enforceable proprietary interest in the
land and legally proceed with the project if the appropriate approval is
issued, who has applied for a permit, permit modification, waiver, or other
approval pursuant to subtitle Env-Wt and in whose name the permit will be issued if
the application is approved.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
102.10 “Application” means an
application for a permit-by-notification (PBN) under Env-Wt
309, an expedited permit (EXP) under Env-Wt 310, or a
standard permit under Env-Wt 311.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
102.11 “Authorized agent” means the
individual who has been legally authorized by an applicant to represent the
applicant’s interests in connection with an application or other request.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
102.12 “Avoidance” means not impacting
jurisdictional areas if there is a practicable alternative to the proposed
project that would have less impact on the aquatic ecosystem or jurisdictional
areas, so long as the alternative does not have other significant adverse
environmental consequences and is consistent with 40 CFR 230.10(a).
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19; ss by #12953, eff 12-24-19
Env-Wt
102.13 “Avoidance, minimization,
mitigation” means the 3-step sequence an applicant must follow to eliminate
adverse impacts to jurisdictional areas to the maximum extent practicable.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
102.14 “Avoid and minimize” means to
avoid impacts to the maximum extent practicable and then minimize those impacts
that cannot be avoided.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt 102.15 “Bank”
means the transitional slope adjacent to the edge of a surface water body, the
upper limit of which is usually defined by a break in slope, or for a wetland,
where a line delineated in accordance with Env-Wt 400
indicates a change from wetland to upland.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
102.16 “Beach” means an area immediately
adjacent to a surface water composed primarily of sand, gravel, or cobble.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt 102.17 “Best
management wetlands practices for agriculture (Agriculture BMWPs)” means “Best
Management Wetlands Practices for Agriculture” dated 2019, published by the New
Hampshire department of agriculture, markets, and food, available as noted in
Appendix B.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt 102.18 “Best
management practices for avoidance and minimization (A/M BMPs)” means “Wetlands
Best Management Practice Techniques For Avoidance and Minimization” dated 2019,
published by the New England Interstate Water Pollution Control Commission,
available as noted in Appendix B.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt 102.19 “Best
management practices for forestry operations (Forestry BMPs)” means “New
Hampshire Best Management Practices for Erosion Control on Timber Harvesting
Operations” dated 2016, published by the university of New Hampshire
cooperative extension, available as noted in Appendix B.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt 102.20 “Best
management practices for control of invasive plants (Invasive Plant BMPs)”
means “Best Management Practices For the Control of Invasive and Noxious Plant
Species” dated 2018, published by NHDOT, available as noted in Appendix B.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt 102.21 “Best
management practices for routine roadway maintenance (Routine Roadway BMPs)”
means “Best Management Practices for Routine Roadway Maintenance Activities in
New Hampshire” dated 2019, published by NHDOT, available as noted in Appendix
B.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 102.22)
Env-Wt 102.22 “Best
management practices for trail construction and maintenance (Trail BMPs)” means
“New Hampshire Best Management Practices for Erosion Control During Trail
Maintenance and Construction” dated 2017, published by NH DNCR, available as
noted in Appendix B.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 102.23)
Env-Wt 102.23 “Best
management practices for utility maintenance (Utility BMPs)” means “Best
Management Practices Manual, Utility Maintenance in and Adjacent to Wetlands
and Waterbodies in New Hampshire” dated 2019, published by NH DNCR, available
as noted in Appendix B.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 102.24)
Env-Wt 102.24 “Best
management practices for water quality (Water Quality BMPs)” means recommended
practices for minimizing or preventing the direct or indirect discharge of
sediment or other pollutants into surface waters and wetlands, including those
listed in Env-Wt 307 and the Agriculture BMPs,
Forestry BMPs, Marina BMPs, Invasive Plant BMPs, Routine Roadway BMPs, Trail
BMPs, and Utility BMPs.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 102.25)
Env-Wt 102.25 “Bioengineered bank stabilization” means a design
method that uses live vegetation and woody material in combination with natural
and synthetic materials for slope stabilization, erosion reduction, and
vegetation establishment. The term
includes soft vegetative stabilization and bioengineered stabilization.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 102.26)
Env-Wt 102.26
“Boardwalk” means an elevated walkway designed for use by pedestrians or
non-motorized vehicles, or both, to allow access over wetlands or surface
waters, or both, from upland to upland or from upland to navigable frontage
generally contructed on a series of widely spaced
bents or piers, effectively comprising a series of connected bridges.
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19; ss by #13945, (see Revision Note #5 at chapter heading for
Env-Wt 100)
Env-Wt 102.27 “Boat slip” means “boat slip” as defined by
RSA 482-A:2, VIII, reprinted in Appendix C.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945,
eff 4-24-24 (formerly Env-Wt 102.28)
Env-Wt 102.28
“Boathouse” means a docking structure
having a permanent roof covering one or more boat slips, that may have
permanent or removable sidewalls.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945,
eff 4-24-24 (formerly Env-Wt 102.29)
Env-Wt 102.29
“Bog” means a wetland distinguished by
stunted evergreen trees and shrubs, peat deposits, poor drainage, highly acidic
soil conditions, highly acidic water conditions, or any combination thereof, as
determined using “Natural Communities of New Hampshire”, 2nd edition, published
by UNH Cooperative Extension dated 2011, available as noted in Appendix B.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13106,
eff 9-25-20; renumbered by #13945 (formerly Env-Wt
102.30)
Env-Wt
102.30 “Breakwater” means a structure
extending generally perpendicular from the shore into surface waters of the
state that is designed to protect sections of shoreline, docks, wharves, or
anchorage areas from erosion or damage from waves or currents.
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19; ss by #13945, eff 4-24-24 (See Revision Note #5 at chapter
heading for Env-Wt 100)
Env-Wt 102.31
“Bulkhead” means a retaining wall built
along a waterfront to contain fill.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 102.32)
Env-Wt 102.32 “Canopy” means a seasonal structure having a
roof that is not designed or constructed to withstand an average snow load for
the location in which it is installed, and which is erected to shelter
watercraft during the boating season.
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19; renumbered by #13945 (formerly Env-Wt
102.33); ss by #14346, eff 8-23-25
Env-Wt 102.33 “Certified professional erosion and sediment
control specialist (CPESC specialist)” means an individual certified by EnviroCert International, Inc.® as competent to
develop and implement erosion and sediment control practices.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 102.34)
Env-Wt 102.34 “Certified wetland scientist” means “certified wetland scientist” as defined in
RSA 310-A:76, II-a, reprinted in Appendix C.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff
12-15-19;
renumbered by #13945 (formerly Env-Wt 102.35)
Env-Wt 102.35 “Commercial docking structure” means a
docking structure that is allowed by its owner(s) to be used by others with the
expectation that compensation or other consideration will be provided to the
owner(s) of the structure. The term does
not include a docking structure
that is used coincidentally with the use of real property to which the
structure is appurtenant pursuant to the lease, sale, rental, or other
temporary or permanent conveyance of an interest in the real property, and does
not include a docking structure serving a private single-family residence where
less than half of the slips are rented or leased.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff
12-15-19;
renumbered by #13945, (formerly Env-Wt 102.36)
Env-Wt 102.36 “Commissioner” means the commissioner of the
department of environmental services.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff
12-15-19;
renumbered by #13945 (formerly Env-Wt 102.37)
Env-Wt
102.37 “Compensatory mitigation” means
activities or projects designed to offset the unavoidable permanent impacts to
jurisdictional areas through the preservation of land or the restoration,
enhancement, or creation of a wetland, by replacing or partially replacing
functions and values of jurisdictional areas lost due to the project impacts.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff
12-15-19; renumbered by #13945 (formerly Env-Wt 102.36)
Env-Wt 102.38 “Conservation area” means an area of land
legally protected so as to restrict the future use or
development of the property in perpetuity, such as by a conservation easement.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff
12-15-19;
renumbered by #13945 (formerly Env-Wt 102.36)
Env-Wt 102.39 “Conservation commission” means a municipal
body established under RSA 36-A with statutory authority under RSA 482-A to
submit comments on applications to the department.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945,
(formerly Env-Wt 102.40)
Env-Wt 102.40 “Conservation project” means a project to
access, maintain, improve, or further protect a conservation area.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19 19; renumbered by 13945,
(formerly Env-Wt 102.41)
Env-Wt
102.41 “Construction activity” means any
activity that creates, constructs, installs, erects, or otherwise places any
structure, as defined by RSA 482-A:2, IX, in a jurisdictional area.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 102.42)
Env-Wt 102.42
“Continued agricultural use” means that a wetland has been managed or
otherwise maintained as cropland or pasture for agricultural purposes for a
period of 5 years or more, such that the land has not reverted to a scrub-shrub
wetland, emergent marsh, or forested wetland.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945,
(formerly Env-Wt 102.43)
Env-Wt 102.43 “Corduroy” means logs, limbs, or
branches placed perpendicular to the direction of travel to provide support for
logging equipment crossing a wet area that has no standing water, no defined
channels, and no vernal pools.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 102.44)
Env-Wt 102.44 “Crib” means an enclosure or framework of
durable material, such as timber or prefabricated concrete, that is securely
fastened together and filled with an inert ballast, such as stone, that
typically is used to support a docking structure in the water.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 102.45)
Env-Wt 102.45 “Cropland” means land that is used to grow
plant species adapted for harvest, alone or in rotation with grasses and
legumes. The term includes areas
dedicated to vegetables, grain, hay, pasture, fodder, plant fiber, sod, nursery
stock, orchards, and similar products.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 102.46)
Env-Wt 102.46 “DataCheck” means
the results of using the DataCheck tool.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 102.47)
Env-Wt
102.47 “DataCheck
tool” means an online data screening tool used to screen for known locations of
threatened and endangered species and exemplary natural communities, currently
available at https://www4.des.state.nh.us/NHB-DataCheck/.
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19;
renumbered by #13945 (formerly Env-Wt 102.48);
ss by #14348 INTERIM, eff 8-26-25; ss by #14470, eff 1-2-26
Env-Wt 102.48 “Deck” means,
depending on context, either:
(a)
The horizontal component of a docking structure; or
(b)
A structure that does not extend out over the water that is constructed
along a shoreline in place of, and serving the same function as, a beach.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 102.49)
Env-Wt
102.49 “Deck area” means the total
surface area of a deck that is suitable for supporting the intended activity.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 102.50)
Env-Wt 102.50 “Defined channel” means an area in or on the
ground that exhibits clear evidence of the passage of water and fluvial
geomorphic processes, including bed scour, sediment transport, formation of
bends, riffles, pools, braiding, point bars, and other common channel
features. The term includes but is not
limited to bedrock channels, gravel beds, sand beds, and silt beds.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 102.51)
Env-Wt 102.51 “Department” means the department of
environmental services.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 102.52)
Env-Wt 102.52 “Design fetch” means the average of at least
11 radials evenly distributed across a 30 degree arc.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 102.53)
Env-Wt 102.53 “Designated prime wetlands” means “prime
wetlands” as defined in RSA 482-A:15, I-a, reprinted in Appendix C, that have
been designated by a municipality pursuant to RSA 482-A:15 and Env-Wt 700.
Source. #12953, eff 12-24-19; renumbered by #13945
(formerly Env-Wt 102.54)
Env-Wt
102.54 “Designated river” means
“designated river” as defined in RSA 483:4, VIII, reprinted in Appendix C.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 102.55)
Env-Wt 102.55 “Director” means the director of the division
of water within the department.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945,
(formerly Env-Wt 102.56)
Env-Wt 102.56
“Docking structure” means any structure
or combination of structures that can be used to secure watercraft or to load
and unload passengers, freight, or other items, or any combination thereof, whether or not any part of the structure is in or over the
water. The term includes “dock” when
used as a noun, “pier”, “wharf”, and “finger”.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945,
(formerly Env-Wt 102.57)
Env-Wt 102.57 “Dock” as a verb means to secure watercraft
adjacent to a structure.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945,
(formerly Env-Wt 102.58)
Env-Wt 102.58 “Dolphin” means a permanent rigid structure
on the bottom of a surface water or in or on an adjacent beach or bank, in order to assist in securing watercraft or to protect an
area from ice damage.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945,
(formerly Env-Wt 102.59)
Env-Wt 102.59 “Dredge” means to dig, excavate, or otherwise
disturb the contour or integrity of the bank or bed of a wetland, surface
water, or other jurisdictional area.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945, (formerly Env-Wt 102.60)
Env-Wt 102.60 “Dredged material” means any organic or
inorganic substance, including decaying vegetation, soils, aquatic weeds,
sediment, gravel, and rock, that is removed as the result of dredging.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945,
(formerly Env-Wt 102.61)
Env-Wt
102.61 “Dredging activity” means any
activity that removes or ruts any organic or inorganic substance from or in any
jurisdictional area, regardless of whether the material is of natural or human
origins.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945,
(formerly Env-Wt 102.62)
Env-Wt 102.62 “Duly-established 100-foot buffer” means the
buffer recognized in RSA 482-A:11, IV for prime wetlands designated on or after
September 11, 2009 but before August 17, 2012.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945,
(formerly Env-Wt 102.63)
Env-Wt
102.63 “Ecological integrity” means the health of a wetland or other
aquatic resource ecosystem, as determined using a
scientifically-recognized method of assessing the condition of the ecosystem,
such as “Level 2 Ecological Integrity Assessment Manual for
New Hampshire: Wetland Systems”, Nichols
and Faber-Langendoen, June 2017, available as noted in Appendix B, or Section
3.B.1. of the “Method for Inventorying and Evaluating Freshwater Wetlands in
New Hampshire” dated 2013 and revised 2015 and 2016, available as noted in
Appendix B.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945,
(formerly Env-Wt 102.64)
Env-Wt
102.64 “Ephemeral stream” means a
watercourse that
is located above the water table year-round and is not fed by groundwater, such
that runoff from rainfall and snowmelt is the primary source of stream flow and
so the stream has flowing water only during, and for a short duration
after, precipitation or spring thaw events, but which has less flow than an
intermittent stream and no evidence of riffles, meander bends, point bars, or
braiding.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-91; renumbered by #12953,
(formerly Env-Wt 102.65)
Env-Wt 102.65 “Erosion control” means the use of practices
such as those specified in Env-Wq 1506 or Env-Wq 1508 to contain soil particles
and to prevent them from being displaced or washed down slopes by rainfall or
run-off, including construction phasing, surface roughening, soil stockpile
practices, temporary and permanent mulching, temporary vegetation, permanent
vegetation, temporary erosion control blankets, diversion, and slope drain.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945,
(formerly Env-Wt 102.66)
Env-Wt 102.66 “Erosional
features caused by proximate human activity” as used in RSA 482-A:3,
IV(b) means scouring caused by stormwater runoff from areas developed so as to create an unnatural runoff area. The term includes gullies, rills, and other
ephemeral features that do not meet the definition of a watercourse and that
are characterized by flows that are infrequent and of short duration.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945,
(formerly Env-Wt 102.67)
Env-Wt 102.67 “Excavate” means to dig out and remove
material to create or enlarge a cavity in, or to otherwise remove material
from, a jurisdictional area.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945,
(formerly Env-Wt 102.68)
Env-Wt
102.68 “Existing legal structure” means
a structure that has not been abandoned, as defined in Env-Wt
102, and that:
(a) Is
a grandfathered structure; or
(b) Was
constructed pursuant to a permit or grant in right issued under RSA 482-A or
any predecessor statute and conforms to that permit or grant in right, as
applicable.
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19; renumbered by #12953, (formerly Env-Wt
102.67); ss by #13945, eff 4-24-24 (see Revision Note #5 at chapter heading for
Env-Wt 100)
Env-Wt
102.69 “Exotic aquatic weeds” means
“exotic aquatic weeds” as defined in RSA 487:16, II, reprinted in Appendix C,
and listed in Env-Wq 1300.
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19; renumbered by #12953, (formerly Env-Wt
102.68); ss by #13945, eff 4-24-24 (see Revision Note at chapter heading
for Env-Wt 100)
Env-Wt 102.70 “Expedited permit (EXP)” means an
authorization to proceed with work in a jurisdictional area that is conferred
by the department and that is not a standard permit or a lower scrutiny
approval.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945,
(formerly Env-Wt 102.71)
PART Env-Wt 103
DEFINITIONS: F THROUGH P
Env-Wt
103.01 “Federal classification method”
means the method in “Classification of Wetlands and Deepwater Habitats of the
United States”, adapted from Cowardin, Carter, Golet
and LaRoe (1979), Wetlands Subcommittee, Federal Geographic Data Committee,
August 2013, FGDC-STD-004-2013, available as noted in Appendix B.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
103.02 “Federal delineation method”
means the method in “Wetlands Delineation Manual”, Technical Report Y-87-1, US
ACE, January 1987, and the “Regional Supplement to the Corps of Engineers
Wetlands Delineation Manual:
Northcentral and Northeast Region”, Version 2.0, US ACE, January 2012,
both available as noted in Appendix B.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
103.03 “Fetch” means the length of
uninterrupted water surface over which the wind blows in a constant direction.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
103.04 “Fill” as a noun means any rock,
soil, gravel, sand, or other natural or man-made material that has been
deposited or caused to be deposited by human activity.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
103.05 “Fill” as a verb means to place
or deposit, or cause or allow to be placed or deposited, materials in or on a
wetland, surface water, or bank, or otherwise in or on a jurisdictional area.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
103.06 “Filling activity” means any
activity that places any fill into any jurisdictional area.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
103.07 “Finger” means a docking
structure that is attached to another docking structure rather than directly to
the shore.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
103.08 “Flats” means “tidal flats” as
defined in Env-Wt 602.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
103.09 “Float” means a component of a
docking structure that is supported by buoyancy devices. The term includes jet-ski floats.
Source.
(See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801,
eff 12-15-19
Env-Wt
103.10 “Floodplain wetland” means a
wetland located within a 100-year floodplain.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
103.11 “Forest management activities”
means activities necessary for forest management as defined in RSA 227-G:2, IX,
including but not limited to extracting timber, planting and replanting of
various species, and cutting roads and pathways through forests, provided such
activities are undertaken in compliance with applicable statutes and rules,
including RSA 227-J, and best management practices.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
103.12 “Forester” means “forester” as
defined in RSA 310-A:99, I-a, reprinted in Appendix C.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
103.13 “Functional and intact” means
that a structure is in its original shape, is structurally sound, and can be
used for its originally intended purpose.
Source. #13945, eff 4-24-24 (see Revision Note
#5 at chapter heading for Env-Wt 100)
Env-Wt 103.14 “Functional assessment” means an evaluation
of a wetland or other aquatic resource to determine its functions and values in
accordance with RSA 482-A:1, RSA 482-A:2, XI, and best available scientific
methods.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.13)
Env-Wt 103.15 “Grandfathered structure” means a docking
structure that:
(a)
Was in place before permit jurisdiction, as defined in Env-Wt 103, took effect;
(b)
Has either remained unaltered in location, size, and configuration or is
a replacement structure as defined in Env-Wt 104;
(c)
Has not been abandoned as defined in Env-Wt
102;
(d)
Is consistent with the public’s right to reasonable use of public
waters, as established in New Hampshire case law; and
(e)
Is not built on land created by the unauthorized filling of public
waters.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.14)
Env-Wt 103.16 “Hardened shoreline” means a shoreline that
is covered with materials such as rocks or walls, so as to
deflect rather than absorb wave and current energy.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 103.15)
Env-Wt 103.17
“Hydric soil” means soil that is saturated or flooded during a sufficient
portion of the growing season to develop anaerobic conditions in the upper soil
layers.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.16)
Env-Wt
103.18 “Hydrologic integrity” means
groundwater recharge, surface water retention, flood storage, streamflow
maintenance, coastal storm surge detention, bank stabilization, and shoreline
stabilization, or any combination thereof.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.17)
Env-Wt
103.19 “Ice cluster” means 2 or more
pilings installed closely together near the lakeward end of a docking structure
to protect the structure against damage from ice.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.18)
Env-Wt 103.20 “Impact analysis” means an analysis of the
likely impacts of a proposed project on the functions and values of each jurisdisdictional area likely to be affected by the
proposed project.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.19)
Env-Wt 103.21 “In the dry” means not in standing or flowing
water.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.20)
Env-Wt 103.22
“Intermittent stream” means a watercourse that is fed by
groundwater but is not in the groundwater table throughout the year, where
runoff from rainfall and snowmelt is a supplemental source of water for flow,
such that the stream typically does not have flowing water during dry portions
of the year.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.21)
Env-Wt 103.23 “Invasive
species” means any species on the New Hampshire prohibited invasive species
list in Agr 3800, prepared pursuant to RSA 430:53,
III, and any exotic aquatic weeds.
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19 19; ss by #13945, eff 4-27-24 (see Revision Note #5
at chapter heading for Env-Wt 100)
Env-Wt
103.24 “In writing” means in the form of
a hardcopy, electronic document, or electronic statement on the department
website, including but not limited to hardcopies, letters, pdfs, emails,
posting on the department website, and other electronic communications, unless
specified otherwise. This term includes the term “written”.
Source.
#13945, eff 4-27-24(see Revision
Note #5 at chapter heading for Env-Wt 100)
Env-Wt
103.25 “Jetty” means a structure
extending into a body of water that is designed to prevent shoaling of a
channel and to direct and confine the stream or tidal flow. Jetties are generally built at the mouths of
rivers or tidal inlets to maintain the depth of and stabilize a channel.
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19; ss
by #13945, eff 4-27-24 (see Revision Note #5 at chapter heading for Env-Wt 100)
Env-Wt 103.26 “Jurisdiction” means the regulatory authority
conferred by RSA 482-A.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.24)
Env-Wt 103.27 “Jurisdictional area” means an area that is
subject to regulation under RSA 482-A, including but not limited to surface
waters, streams, lakes, rivers, ponds, wetlands, banks, flats, shores, sand
dunes, upland tidal buffer zones, and duly-established 100-foot buffers.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.25)
Env-Wt
103.28 “Light detection and ranging
(LiDAR)” means a remote sensing method that measures distance to a target by
illuminating the target with pulsed laser light and measuring the reflected
pulses with a sensor.
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19; ss by #13945, eff 4-27-24(see Revision Note #5 at chapter
heading for Env-Wt 100)
Env-Wt
103.29 “LAC jurisdiction” means the authority conferred by RSA 483:8-a, III
upon a local river management advisory committee relative to activities within
a designated river or river corridor, provided that for purpose of routine
roadway maintenance activities conducted under an SPN, registration, PBN, or
EXP, LAC jurisdiction shall be limited to activities located in or within 250
feet of a designated river where the activity will occur on a Tier 2 or Tier 3
stream that has a direct surface water connection to the designated river.
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19; ss by 13106, eff 9-25-20; renumbered by #13945
(formerly Env-Wt 103.27)
Env-Wt
103.30 “Local advisory committee (LAC)”
means a local river management advisory committee established pursuant to RSA
483:8-a.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.28)
Env-Wt
103.31 “Local governing body” means
“local governing body” as defined in RSA 672:6, reprinted in Appendix C.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.29)
Env-Wt
103.32 “Located adjacent to a structure
to which a watercraft may be secured” means, for purposes of the definition of
boat slip, that 50% or more of the length of the boat slip, as defined in RSA
482-A:2, VIII, is located along the length of a structure to which a watercraft
could be secured.
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19; ss by #13945, eff 4-24-24 (see Revision Note #5 at chapter
heading for Env-Wt 100)
Env-Wt 103.33 “Lower scrutiny approval (LSA)” means an
authorization to proceed with work in a jurisdictional area that is conferred
by the department and is not a standard permit or an expedited permit. The term includes permits-by-notification
authorized by RSA 482-A:11, VI-a and registrations authorized by RSA 482-A:11,
VII.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.31)
Env-Wt 103.34 “Maintenance” means routine activities
undertaken at a sufficient frequency that the structure being maintained
remains intact and functional for its intended purpose.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.32)
Env-Wt 103.35 “Major docking system” means a docking
structure that:
(a)
Is a commercial docking structure, a public docking structure, or one in
which docking structures impact 100 or more linear feet of shoreline;
(b)
Provides 5 or more boat slips; or
(c)
Is associated with a breakwater.
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19; ss by #13106, eff 9-25-20; renumbered by #13945
(formerly Env-Wt 103.33)
Env-Wt 103.36 “Major project” means a project that, by
virtue of its size and nature as described in Env-Wt
400 through Env-Wt 600 and Env-Wt
900, as applicable, has the potential to significantly impact jurisdictional
areas unless adequate measures are employed to protect the environment. The term includes “major impact project”.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.34)
Env-Wt 103.37 “Man-made drainage ditch” means, for purposes
of RSA 482-A:3, IV(b), a narrow channel dug in the ground for drainage, located
in uplands above the permanent water table.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 103.35)
Env-Wt 103.38 “Marina” means a waterfront facility whose
principal function is to provide watercraft-related services such as the
securing, launching, storing, fueling, servicing, or repairing of watercraft,
or any combination thereof, whether such services are available to the public
or only to members of an organization or association.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.36)
Env-Wt 103.39 “Marsh” means a wetland that is distinguished
by soft-stemmed herbaceous plants such as grasses, rushes, and sedges, where
the water table is at or above the surface throughout the year but can
fluctuate seasonally, as
determined using the federal classification method. The term includes freshwater marshes and
tidal marshes.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.37)
Env-Wt 103.40 “Minimization” means the reduction of adverse
impacts using minimization measures that remain after all practicable measures
have been taken to avoid adverse impacts to jurisdictional areas.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.38)
Env-Wt 103.41 “Minimization measures” means design
techniques, construction techniques, and project timing adjustments, together
or in any combination, that relocate or reduce unavoidable adverse impacts, taking into account the purpose of the proposed project, the
functions and values of the impacted resources, and practicability.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19, renumbered by
#13945 (formerly Env-Wt 103.39)
Env-Wt 103.42 “Minimum impact project” means a project
that, by virtue of its size and nature as described in Env-Wt
400 through Env-Wt 600 and Env-Wt
900, as applicable, has the potential to have a negligible impact on
jurisdictional areas provided adequate measures are employed to protect the
environment. The term includes minimum
project.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.40)
Env-Wt 103.43 “Minor project” means a project that, by
virtue of its size and nature as described in Env-Wt
400 through Env-Wt 600 and Env-Wt
900, as applicable, has the potential to cause more than a negligible impact on
jurisdictional areas unless adequate measures are employed to protect the
environment. The term includes minor
impact project.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-1; renumbered by
#13945 (formerly Env-Wt 103.41)
Env-Wt 103.44 “Mooring” as a noun means “mooring” as
defined in RSA 270:59, III, reprinted in Appendix C.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.42)
Env-Wt 103.45 “Municipality” means “municipality” as defined in RSA 482-A:2, V, reprinted in
Appendix C.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19;
renumbered by #13945 (formerly
Env-Wt 103.43)
Env-Wt
103.46 “Natural heritage bureau (NHB)”
means the natural heritage bureau of the department of natural and cultural
resources (DNCR).
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.44)
Env-Wt 103.47 “Navigable
frontage” means, for non-tidal waters, the frontage that can be accessed by a
boat having at least a 6-foot beam and 2-foot draft at normal high water.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.45)
Env-Wt 103.48 “NH Method” means the “Method for
Inventorying and Evaluating Freshwater Wetlands in New Hampshire” published by
the University of New Hamshire Cooperative Extension, available as noted in
Appendix B.
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19; ss by #13945, eff 4-27-24 (see Revision Note #5 at chapter
heading for Env-Wt 100)
Env-Wt 103.49 “Non-tidal wetland” means a wetland that is
not subject to periodic inundation by tidal waters.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.47)
Env-Wt 103.50 “Normal agricultural operations” for purposes
of subtitle Env-Wt means those activities that are
customary to, and necessary to sustain, an agricultural operation as described
in RSA 21:34‑a, II.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19;
renumbered by #13945 (formerly
Env-Wt 103.48)
Env-Wt
103.51 “Normal high
water line” for lakes or ponds means the natural mean high
water elevation or the full lake operational level for impoundments
controlled by dams.
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19; ss by #13106, eff 9-25-20; ss by #13945, eff 4-27-24(see
Revision Note #5 at chapter heading for Env-Wt 100)
Env-Wt
103.52 “Ordinary high
water mark” means “ordinary high water mark” as
defined in RSA 483-B:4, XI-e, reprinted in Appendix C.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.50)
Env-Wt 103.53 “Perched
beach” means a man-made beach that is designed to prevent the beach material
from reaching the water by means of a physical barrier.
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19; ss by #13945, eff 4-27-24(see Revision Note #5 at chapter
heading for Env-Wt 100)
Env-Wt
103.54 “Person” means “person” as
defined in RSA 482-A:2, VI, reprinted in Appendix C.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.52)
Env-Wt 103.55 “Perennial stream” means a
watercourse that is in the groundwater table for most of the year and so has
groundwater as its primary source of water for stream flow, with runoff from
rainfall and snowmelt as a supplemental source of water, so that it contains
flowing water year-round during a typical year.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.53)
Env-Wt 103.56
“Permanent dock” means a docking structure in which the docking
structure or its supports, or both, are
designed to remain in place throughout the year.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19;
renumbered by #13945 (formerly
Env-Wt 103.54)
Env-Wt 103.57
“Permanent impacts” means impacts resulting from activities in
jurisdictional areas that are intended to remain, or that do remain, after the
activities have ceased.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.55)
Env-Wt 103.58 “Permit action” means an action initiated by
the department to suspend, revoke, or modify a permit or other approval issued
under RSA 482-A.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 103.56)
Env-Wt 103.59 “Permit-by-notification (PBN)” means a lower
scrutiny approval obtained pursuant to Env-Wt 309.05.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.57)
Env-Wt 103.60 “Permit jurisdiction” means the regulatory
authority conferred on the department or its predecessor agencies under RSA
482-A or any predecessor statutes, as applied to specific activities, as
follows:
(a) For projects in or adjacent to tidal
wetlands,
any project occurring after June 22, 1967;
(b) For projects in or adjacent to non-tidal
wetlands,
any project occurring after July 2, 1969;
(c) For seasonal structures in tidal or
non-tidal waters, any project occurring after September 4, 1978; and
(d)
For projects in a duly-established 100-foot buffer, the date of
designation of the associated designated prime wetlands.
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19; ss by #12953, eff 12-24-19; renumbered by #13945 (formerly
Env-Wt 103.58)
Env-Wt 103.61 “Pier” means a docking structure.
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19 ; ss by #12953, eff 12-24-19; renumbered by #13945 (formerly
Env-Wt 103.59)
Env-Wt 103.62
“Pile” means a long, heavy column of timber, steel, concrete, stone, or
other rigid material driven or jetted into a beach or bank or into the bottom
of a surface water to serve as a support or protection.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 103.60)
Env-Wt 103.63
“Poorly drained soils” means hydric soils that have aquic conditions in the
upper part and one or more characteristics identified in Env-Wq 1014.02.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.61)
Env-Wt 103.64
“Practicable” means “practicable” as defined at 40 CFR 230.3(l),
reprinted in Appendix D.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.62)
Env-Wt 103.65
“Preservation” means the permanent protection of wetland and upland
areas using legal and physical mechanisms so that the resource remains in a
natural or undeveloped condition.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.63)
Env-Wt 103.66
“Primary vernal pool indicators” means the presence or physical evidence
of breeding by marbled salamander, wood frog, spotted salamander, jefferson-blue spotted salamander complex, or fairy shrimp.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.64)
Env-Wt
103.67 “Prime wetlands” means “prime
wetlands” as defined in RSA 482-A:15, I-a, reprinted in Appendix C.
Source. #12953, eff 12-24-19; renumbered by #13945
(formerly Env-Wt 103.65)
Env-Wt
103.68
“Priority resource area (PRA)” means a jurisdictional area that:
(a) Has documented
occurrences of protected species or habitat;
(b) Is a bog;
(c) Is a floodplain
wetland contiguous to a tier 3 or higher watercourse;
(d) Is a designated prime wetlands;
(e) Is a
duly-established 100-foot buffer of a designated prime
wetlands;
(f) Is a sand dune,
tidal wetland, tidal water, or undeveloped tidal buffer zone; or
(g) Is any combination of (a) through (f), above.
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19; ss by #12953, eff 12-24-19 (formerly Env-Wt
103.65); renumbered by #13945 (formerly Env-Wt
103.66)
Env-Wt
103.69 “Private docking structure” means
a docking structure that is not a commercial docking structure, a public
docking structure, or a docking structure at a marina, and is:
(a) Maintained by the owner for the personal use
of the owner of the single-family residence to which the docking structure is
legally tied and the owner’s invitees; or
(b) Maintained by a homeowners’ or condominium
owners’ association for the personal use of the home or condominium owners and
the owners’ invitees.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19 (formerly Env-Wt 103.66); renumbered by #13945 (formerly
Env-Wt 103.67)
Env-Wt 103.70 “Professional engineer” means “professional
engineer” as defined in RSA 310-A:2, II,
reprinted in Appendix C.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.68)
Env-Wt 103.71 “Protected species or habitat” means:
(a)
Any threatened wildlife species as defined in RSA 212-A:2, V, endangered
wildlife species as defined in RSA 212-A:2, IV, the federal endangered species
act, eagles protected under RSA 209:9 and the federal Protection of Bald and
Golden Eagles Act, 16 U.S.C. Subchapter II, or any habitat of such species that
is determined to be critical by the executive director of NHF&G under RSA
212-A:9, III; and
(b)
Any federally-designated threatened or endangered plant species, any
threatened species of plant as defined in RSA 217-A:3, XX, any endangered
species of plant as defined in RSA 217-A:3, IV, or any exemplary natural
community as identified by NHB.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered
by #13945 (formerly Env-Wt 103.69)
Env-Wt
103.72 “Public docking structure” means
a docking structure that is owned by a political subdivision or a state or
federal agency and is available for use by the general public. The term includes docking structures that are
allowed to be used only by residents of the governmental unit that owns the
structure as well as docking structures that are allowed to be used by any
individual or group, with or without compensation or other consideration to the
owner.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered
by #13945 (formerly Env-Wt 103.70)
Env-Wt 103.73
“Public hearing” means a public non-adjudicative proceeding conducted
for the purpose of receiving input from the public on a proposed project.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered
by #13945 (formerly Env-Wt 103.71)
Env-Wt 103.74 “Public infrastructure” means public roads,
facilities, and constructed landscape that is open to and maintained for the
use of the general public.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered
by #13945 (formerly Env-Wt 103.72)
Env-Wt 103.75 “Public project” means a project undertaken
by or in partnership with a federal, state, or local authority for the purpose
of constructing public infrastructure or a public docking structure.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered
by #13945 (formerly Env-Wt 103.73)
Env-Wt 103.76 “Public trust surface waters” means surface
waters of the state as defined in RSA 485-A:2, XIV that are held in trust by
the state of New Hampshire for the public.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 103.74)
PART Env-Wt 104
DEFINITIONS: Q THROUGH Z
Env-Wt 104.01
“Qualifying criteria” means the total of all criteria to be met in order for a project to be eligible for a particular type
of approval.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt 104.02
“Reconfiguration” means the redesign of an existing legal structure
within the same overall outside dimensions and without increasing the square
footage of the surface area of the structure, such as moving a finger or “L”
from one end of a dock walkway to another.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt 104.03
“Reconstruction” when applied to any structure
except a stream crossing that is subject to Env-Wt
900 means the replacement of all components of an existing legal docking
structure.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt 104.04 “Reference
line” means for a surface water that is subject to RSA 483-B, the reference
line as established under RSA 483-B:4, XVII.
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19; ss by #13945, eff 4-27-24 (See Revision Note
#5 at chapter heading for Env-Wt 100)
Env-Wt
104.05 “Repair” when applied to any
structure except a stream crossing that is subject to Env-Wt
900 means to fix or replace only those components of an existing legal
structure that are worn, broken, or unsound so as to
restore the structure to its original purpose.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt 104.06
“Replacement structure” when applied to any structure except a stream
crossing that is subject to Env-Wt 900 means a new
structure that takes the place of an existing legal structure, that is the same
kind of structure in the same location, having the same or smaller surface area
and, if a docking structure, the same number or fewer boatslips, such that in
all material aspects, the new structure is no more impacting to the environment
or abutting properties than the original structure. For the replacement of poles or piles, the
new pole or pile may be placed immediately adjacent to the pole or pile being
replaced.
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19; ss by #13945, eff 4-27-24 (See Revision Note
#5 at chapter heading for Env-Wt 100)
Env-Wt
104.07 “Retaining wall” means a
structure constructed to support a bank, contain fill, or prevent erosion.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
104.08 “Revetment” means a sloped facing
of hard material, such as layered stone or concrete, that is constructed to
protect a bank or embankments by dissipating wave energy.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
104.09 “Rip-rap” means a layer of
angular stones placed on a slope to prevent erosion, scour, or sloughing of the
slope.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
104.10 “Roadway” means a legally
existing structure that is designed, constructed, or improved to provide and
support safe passage for public or private vehicular traffic.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
104.11 “Rocker box” means a mechanical
device used to separate gold and other minerals from lighter sediments.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
104.12 “Routine roadway maintenance
activities” means activities that are designed and intended to maintain
existing roadways and are included in the Routine Roadway BMPs.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
104.13 “Scrub-shrub wetland” means a
wetland dominated by woody vegetation less than 20 feet tall, such as true
shrubs, young trees, and trees or shrubs that are small or stunted because of
environmental conditions, as determined using the federal classification
method.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
104.14 “Seasonal dock” means a docking
structure that is designed and constructed such that the structure and all
associated supports can be completely removed from the surface water and its
bed during the non-boating season. The
term includes but is not limited to pipe docks and floating docks.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt 104.15 “Secondary vernal pool indicators” means
physical evidence used by wildlife biologists or certified
wetland scientists who are familiar with vernal pool habitats as evidence of
the presence of a vernal pool, if primary
vernal pool indicators are absent and other vernal pool characteristics suggest
vernal pool habitat. Secondary vernal
pool indicators include but are not limited to caddisfly larvae and cases (Limnephilidae,
Phryganeidae, or Polycentropodidae),
clam shrimp and their shells (Laevicaudata, Spinicaudata),
fingernail clams and their shells (Sphaeriidae), aquatic beetle larvae (Dytiscidae, Gyrinidae,
Haliplidae, and Hydrophilidae), dragonfly larvae and exuviae (Aeshnidae,
Libellulidae), spire-shaped snails and their
shells (Physidae, Lymnaeidae),
flat spire snails and their shells (Planorbidae),
damselfly larvae and exuviae (Coenagrionidae, Lestidae), and truefly
larvae and pupae (Culicidae, Chaoboridae,
and Chironomidae), and those identified in the third edition of
“Identifying and Documenting Vernal Pools in New Hampshire” published by NHF&G,
available at https://wildlife.state.nh.us/nongame/documents/vernal-pool-manual.pdf and as noted in
Appendix B.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
104.16 “Sedimentation” means the
creation of water-borne particles that settle on the bottom of a surface water
as sediment.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt
104.17 “Shoal” means a portion of a
water body where the bottom is usually submerged but has insufficient depth to
allow for safe navigation for some percentage of watercraft that could
reasonably be expected to use the water body.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt 104.18 “Shoreline
frontage” means the average of actual natural navigable shoreline frontage and
a straight line drawn between property lines, both of which are measured at the
normal high water line along lakes and ponds or the
ordinary high water mark along rivers.
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19; ss by #13945, eff 4-24-24 (see Revision Note #5, at
chapter heading for Env-Wt 100)
Env-Wt 104.19
“Signature” means a wet signature, a copy of a wet signature, and an
electronic signature, as defined in RSA 294-E:2, VIII. This term also includes
the term “signed”.
Source. #13945, eff 4-27-24 (see Revision Note
#5 at Chapter heading for Env-Wt 100)
Env-Wt 104.20 “Signed
statement” means a statement signed on a hardcopy or with an electronic
signature, as defined in RSA 294-E:2, VIII.
This term also includes the term “statement signed by”.
Source. #13945, eff 4-27-24 (see Revision Note
#5 at Chapter heading for Env-Wt 100)
Env-Wt
104.21 “Significant environmental
impact” means, for the purpose of a public hearing required pursuant to RSA
482-A:8, that a proposed project will:
(a) Dredge
or fill:
(1) More than one acre of non-tidal wetlands,
excluding the following projects if the applicant proposes impacts to less than
3 acres of wetlands:
a. The widening of
transportation infrastructure and expansions of existing transportation
infrastructure; or
b. Temporary fill for
construction access;
(2) More than one-half mile of a watercourse; or
(3) One-half acre or more of tidal wetlands; or
(b) Drain
a public drinking water supply.
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19; ss by #12953, eff 12-24-19; ss by #13945, eff 4-27-24 (formerly
Env-Wt 104.19) (See Revision Note #5 at chapter
heading for Env-Wt 100)
Env-Wt 104.22 “Significant function wetland” means a
wetland:
(a)
Having moderate to high characteristics as determined using a recognized
and scientifically-defensible functional wetland assessment method or best
available science; or
(b)
Providing significant public benefit due to hydrologic integrity, water
quality, or habitat functions, or any combination thereof.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.20)
Env-Wt
104.23 “Silt fence” means a sediment
barrier consisting of filter fabric attached to supporting posts entrenched
into the soil and installed across or at the toe of a slope to intercept and
retain small amounts of sediment from disturbed or unprotected areas and
functions primarily to slow and pond the water to allow soil particles to
settle.
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19; ss by #13945, eff 4-27-24 (formerly Env-Wt 104.21) (See Revision Note #5 at chapter heading
for Env-Wt 100)
Env-Wt 104.24 “Sluice” means an inclined trough that
conveys water and sediments to a rocker box for separating gold and other
minerals from lighter sediments.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered
by #13945 (formerly Env-Wt 104.22)
Env-Wt 104.25 “Soft bank
stabilization components” means deformable materials used in soft vegetative or
bioengineered bank stabilization. The
term includes but is not limited to coconut fiber rolls, jute mats, live
plantings, and logs.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.23)
Env-Wt
104.26 “Standard permit” means a permit
issued under RSA 482-A based on an application filed pursuant to Env-Wt 311 or equivalent predecessor rules.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by
#13945 (formerly Env-Wt 104.24)
Env-Wt
104.27 “State general permits (SGPs)”
means the general permits issued by the U.S. Army Corps of Engineers (US ACE)
to authorize projects in New Hampshire that:
(a) Meet the conditions stated therein; and
(b) Do not meet the US ACE’s critieria
for individual permitting.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.25)
Env-Wt 104.28 “Statutory
permit-by-notification (SPN)” means a permit obtained by complying with the
statutory requirements specified in RSA 482-A:3, IV-a, V, XII, XV, or XVI, as
applicable, as clarified in Env-Wt 308 and relevant
portions of Env-Wt 500.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.26)
Env-Wt 104.29 “Stream
channel” means a channel that carries the bankfull
flow of a watercourse.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.27)
Env-Wt 104.30 “Stream crossing” means a structure placed
within a watercourse or on its associated upland or wetland approaches, or
both, that is intended to provide human, animal, or vehicular passage over the
watercourse.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.28)
Env-Wt 104.31
“Stream restoration” means the process of converting an unstable,
altered, or degraded watercourse, including
adjacent riparian zone and flood-prone areas, to a natural condition as
previously found at the site or as found in reaches of the watercourse that
have not been altered by human disturbances.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.29)
Env-Wt 104.32 “Structure” means “structure” as defined in
RSA 482-A:2, IX, reprinted in Appendix C.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.30)
Env-Wt
104.33 “Subject property” means:
(a) For projects in surface water for which any
kind of permit is required, the parcel(s) of land adjacent to and associated
with the area in which the project will occur or has occurred; or
(b) For all other projects for which any kind of
permit is required, the parcel(s) of land on which the project will occur or
has occurred.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.31)
Env-Wt 104.34
“Substantial public interest” means the department has been contacted by
individuals and town or county official(s) in the municipality, government
instrumentality, or region where a project is proposed, who have voiced
concerns that the project would impact jurisdictional areas having documented
flood storage, hydrologic integrity, or habitat from a local, regional, or
state perspective and raising issues such as those identified as adverse
consequences in RSA 482-A:1.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.32)
Env-Wt 104.35 “Surface
water” means those portions of waters of the state that have standing or
flowing water at or on the surface of the ground. The term includes but is not limited to watercourses,
lakes, ponds, marshes, and tidal waters.
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19; ss by #12953, eff 12-24-19; renumbered by #13945
(formerly Env-Wt 104.33)
Env-Wt 104.36 “Surface waters of the state” means “surface
waters of the state” as defined in RSA
485-A:2, XIV, reprinted in Appendix
C.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.34)
Env-Wt 104.37 “Swamp” means a forested wetland that is
dominated by trees, as determined using the federal classification method.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.35)
Env-Wt 104.38 “Temporary impacts” means adverse conditions
or effects that will be reversed when the authorized work has been completed
and pre-construction conditions have been re-established. The term includes but is not limited to ruts
caused by heavy machinery that are smoothed when the work is completed and the
installation and subsequent removal of swamp mats, construction mats,
geotextile fabric, or other erosion or sediment control practices.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.36)
Env-Wt 104.39 “Trail activities” means activities necessary
for trail construction and management, as described in Env-Wt
517, including but not limited to cutting roads and pathways through forests.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.37)
Env-Wt 104.40 “Turbidity
barrier” means a temporary in-water barrier consisting of a continuous
impermeable curtain suspended from a flotation device on the water surface and
held in a vertical position by ballast weight at the bottom, designed to be
used to surround a project being undertaken in a surface water in order to
prevent sediment from the project from entering the surface water that is
outside the enclosure.
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19 ; ss by #13945, eff 4-27-24 (formerly Env-Wt 104.38) (See Revision Note #5 at chapter heading
for Env-Wt 100)
Env-Wt 104.41 “Turbidity
control” means a water quality control measure, such as a coffer dam or
turbidity curtain, used in water to contain silt and sediment suspended in the
water column so as to prevent water cloudiness outside
of the contained area.
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19; ss by #13106, eff 9-25-20; renumbered by #13945 (formerly Env-Wt
104.39)
Env-Wt 104.42 “USGS map” means a map published by the
United States Geological Survey at a scale of 1:24,000 or a scale that provides
greater detail.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.41)
Env-Wt 104.43 “Upland” means an area of land that is not a
wetland.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.42)
Env-Wt 104.44 “Upland buffer” means an area of upland that
is contiguous to a jurisdictional area and that contributes to the
effectiveness of the functions and values of the jurisdictional area in that
location.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.43)
Env-Wt 104.45
“Vernal pool” means a surface water or
wetland, including an area intentionally created for purposes of compensatory
mitigation, that provides breeding habitat for amphibians and invertebrates
that have adapted to the unique environments provided by such pools and that:
(a)
Is not the result of on-going anthropogenic activities that are not
intended to provide compensatory mitigation, including but not limited to:
(1) Gravel pit operations in a pit that has been
mined at least every other year; and
(2) Logging and
agricultural operations conducted in accordance with all applicable New
Hampshire statutes and rules; and
(b)
Typically has the following characteristics:
(1) Cycles annually from flooded to dry
conditions, although the hydroperiod, size, and shape of the pool might vary
from year to year;
(2) Forms in a shallow depression or basin;
(3) Has no permanently flowing outlet;
(4) Holds water for at least 2 continuous months
following spring ice-out;
(5) Lacks a viable fish population; and
(6) Supports one or more primary vernal pool
indicators, or 3 or more secondary vernal pool indicators.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.44)
Env-Wt 104.46 “Very
poorly drained soils” means hydric soils that are flooded daily by tides or
soils that have aquic conditions in the upper part and have one or more of the
characteristics identified in Env-Wq 1014.03.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.45)
Env-Wt 104.47 “Water access structure” means a structure
without a roof or cover that typically would be an accessory structure under
RSA 483-B and that, as a matter of operational necessity, is located adjacent
to the shoreline because its purpose is to provide a means of entry to a
surface water for swimming and similar water-related recreational activities
other than boating or a location for the direct observation of swimmers or
other individuals engaged in water-related recreational activities. The term includes beaches, decks and patios,
but does not include docking structures.
Source. (See Revision Notes #1, #2, #3, and #4 at
Chapter heading for Env-Wt 100) #12801, eff
12-15-19 ; ss by #12953, eff 12-24-19; ss by #13106, eff 9-25-20; renumbered by #13945
(formerly Env-Wt 104.46)
Env-Wt 104.48 “Water quality control measures” means
methods, practices, and devices that are designed and implemented to prevent or
minimize erosion, siltation, or turbidity, or any combination thereof. The term includes but is not limited to
phased construction, vegetated filter strips, geotextile silt fences,
stormwater detention and infiltration systems, sediment detention basins, and
any other method, practice, or device identified in Env-Wq 1506 through Env-Wq
1508.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.47)
Env-Wt
104.49
“Watercourse” means any surface water that develops and maintains
a defined scoured channel, with evidence of sediment transport, or that is a
continuous channel that flows to or from a wetland or other surface water. The term includes rivers and streams.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.48)
Env-Wt 104.50 “Watercraft” means any type or size of vessel
or craft that is moved by any means, including but not limited to wind, motors,
oars, or paddles, that is intended to be used or that is actually used to carry
one or more individuals or cargo, or a combination thereof, across water,
whether such individuals or cargo are atop, on, or in the vessel or craft.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.49)
Env-Wt 104.51 “Watershed” means a geographical area in
which all water drains to a given stream, river, lake, wetland, pond, estuary,
or ocean.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.50)
Env-Wt 104.52 “Wave attenuator” means a structure floating
near or suspended under a permanent docking structure, such that no component
of the structure impacts the bed of the surface water, installed for the
purpose of dampening wave action.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.51)
Env-Wt 104.53 “Weep hole” means a small opening that allows
drainage from or through a retaining structure so as to
prevent frost or ice damage to the structure.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.52)
Env-Wt 104.54 “Wet meadow” means an herb-dominated
jurisdictional area typically with non-woody vegetation less than 3 feet in
height, saturated for long periods during the growing season, but seldom
flooded, as determined using the federal classification method. Wet meadows develop on
predominantly drier, poorly drained soils.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.53)
Env-Wt
104.55
“Wetland” means “wetlands” as defined in RSA
482-A:2, X, reprinted in Appendix C.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.54)
Env-Wt 104.56
“Wetland creation” means the transformation of upland to wetlands at a site
where the upland was not created by human activity such as by filling or water
diversion.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.55)
Env-Wt 104.57
“Wetland enhancement” means the manipulation of the physical, chemical,
or biological characteristics, or any combination thereof, of an aquatic
resource to heighten, intensify, or improve one or more specific aquatic
resource functions. Wetlands enhancement
results in the gain of selected aquatic resource functions,
but does not necessarily result in a gain in aquatic resource area.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.56)
Env-Wt 104.58 “Wetland functions” means “wetland functions”
as defined in RSA 482-A:2, XI, reprinted in Appendix C.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.57)
Env-Wt 104.59 “Wetland permit planning tool (WPPT)” means a
geographic information systems tool that provides access to data for planning
projects near or in jurisdictional areas, available at https://nhdeswppt.unh.edu.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.58)
Env-Wt 104.60 “Wetland restoration” means the
re-establishment of a filled, dredged, drained, or otherwise disturbed or
disrupted wetlands to its historic condition, so as to
restore lost functions to the greatest extent practicable, by removing fill,
restoring hydrology, re-establishing native wetlands vegetation, or such other
means as are necessary.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.59)
Env-Wt 104.61 “Wetlands
council” means the New Hampshire
wetlands council established by RSA 21-O:5-a.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.60)
Env-Wt
104.62
“Wetlands rules” means all rules in subtitle Env-Wt.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.61)
Env-Wt 104.63 “Wharf” means a docking structure.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.62)
Env-Wt
104.64 “Wildlife action plan (WAP)”
means the wildlife action plan prepared and published by NHF&G, available
at https://www.wildlife.state.nh.us/wildlife/wap.html.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.63)
Env-Wt
104.65 “Wildlife-friendly erosion
control materials” means materials used in erosion control practices that do
not include any components, such as welded plastic or “biodegradable plastic”
netting or thread, that have been documented to entangle and kill snakes,
birds, and other wildlife. The term
includes mesh made from woven organic material such as coco or jute, such as
North American Green BioNet® or similar
products.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.64)
Env-Wt
104.66 “Working day” means a calendar
day that is not a Saturday, Sunday, or state holiday.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945
(formerly Env-Wt 104.65)
Env-Wt
104.67 “Written notice” means a hardcopy or electronic copy of a notice, which
may also include information submitted on an electronic form. This term also
includes the terms “notification” and “notice”.
Source. #13945, eff 4-27-24 (See Revision Note
#5 at chapter heading for Env-Wt 100)
PART Env-Wt 105 MAINTENANCE
OF AND ACCESS TO FILES
Env-Wt
105.01 Retention of Files.
(a)
The department shall retain files of applications for standard permits
under Env-Wt 311 for:
(1) Not less than 4 years from the date of the final decision on the application if the application
is denied, provided that if the denial is appealed, the file shall be
maintained for at least 4 years from the final decision on appeal; and
(2) Not less than 10 years from
the date of the final decision on the application if a permit is issued,
provided that if the permit is appealed, the file shall be maintained for at
least 10 years from the final decision on appeal.
(b)
The department shall retain notices filed under Env-Wt
308.05 to activate a statutory permit-by-notification (SPN) for at least 4
years from the date of the SPN.
(c)
The department shall retain registrations and notices filed under Env-Wt 309 for LSAs and applications filed under Env-Wt 310 for EXPs for at least 4 years from the date of the
registration, notice, or decision on the application, as applicable.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Env-Wt 105.02 Access
to Files.
(a)
Any person may request to review one or more files of the department
pertaining to the department’s activities under RSA 482-A during normal working
hours.
(b)
Upon receipt of a request to review a file pursuant to (a), above, the
department shall proceed in accordance with RSA 91-A:4.
Source. (See Revision Notes #1, #2,
#3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19
Appendix A: Statutes Implemented
|
Rule Section(s) |
State Statute(S)
Implemented |
Federal
Statutes. Regulations Implemented |
|
Env-Wt 101 |
RSA 482-A:1 and
4 |
|
|
Env-Wt 102 |
RSA 482-A:1 - 4, 6, 8-34 |
Clean Water Act,
33 U.S.C. Chapter 26, Subchapter IV, § 1344 (Permits for Dredged or Fill
Material); 33 CFR Parts 322 & 323; USACE Gen. Permit No. NAE-2016-02415 |
|
Env-Wt 102.32 |
RSA 482-A:1 - 4,
6, 8 – 27 |
|
|
Env-Wt 102.47 |
RSA 482-A:1 - 4,
6, 8 – 27; RSA 217-A:7 |
|
|
Env-Wt 103 |
RSA 482-A:1 - 4,
6, 8-34 |
Clean Water Act,
33 U.S.C. Chapter 26, Subchapter IV, § 1344 (Permits for Dredged or Fill
Material); 33 CFR Parts 322 & 323; USACE Gen. Permit No. NAE-2016-02415 |
|
Env-Wt 103.27 |
RSA 482-A:1 - 4,
6, 8 - 34; RSA 483:8-a, III |
Clean Water Act,
33 U.S.C. Chapter 26, Subchapter IV, § 1344 (Permits for Dredged or Fill
Material); 33 CFR Parts 322 & 323; USACE Gen. Permit No. NAE-2016-02415 |
|
Env-Wt 104 |
RSA 482-A:1 - 4,
6, 8-34 |
Clean Water Act,
33 U.S.C. Chapter 26, Subchapter IV, § 1344 (Permits for Dredged or Fill
Material); 33 CFR Parts 322 & 323; USACE Gen. Permit No. NAE-2016-02415 |
|
Env-Wt 104.04 |
RSA 482-A:1 - 4, 6, 8 - 34; RSA 483-B |
Clean Water Act, 33 U.S.C. Chapter 26, Subchapter IV, § 1344 (Permits
for Dredged or Fill Material); 33 CFR Parts 322 & 323; USACE Gen. Permit No. NAE-2016-02415 |
|
Env-Wt 105 |
RSA 91-A; RSA
541-A:16, I(b) |
|
Appendix B: Incorporated References
|
Rule |
Title,
Date |
Obtain
From: |
|
Env-Wt 102.17 |
Best Management
Wetlands Practices for Agriculture, 2019 |
NH Dept. of Agriculture, Markets & Food PO Box 2042 - 25
Capitol Street Concord, NH
03302-2042 Phone: (603)
271-3551 Fax: (603)
271-1109 available at https://www.dot.nh.gov/document/best-management-practices-routine-roadway-maintenance-activities-new-hampshire-2019 |
|
Env-Wt 102.18 |
Wetlands Best
Management Practice Techniques For Avoidance and Minimization, 2019 |
New England
Interstate Water Pollution Control Commission (NEWIPCC) Wannalancit Mills 650 Suffolk
Street, Suite 410 Lowell, MA 01854 Phone: (978)
323-7929 Fax (978)
323-7919 Email: mail@neiwpcc.org available at http://neiwpcc.org/wp-content/uploads/2019/03/Wetlands-BMP-Manual-2019.pdf |
|
|
|
UNH Cooperative
Extension Taylor Hall, 59 College Road Durham, NH 03824 Phone: (603)862-1520 |
|
Env-Wt 102.19 |
New Hampshire
Best Management Practices for Erosion Control on Timber Harvesting
Operations, 2016 |
available at https://extension.unh.edu/resources/files/Resource000247_Rep266.pdf |
|
|
|
NH Department of
Transportation PO Box 483 | 7
Hazen Drive Email: info@dot.nh.gov |
|
Env-Wt 102.20 |
Best Management
Practices for Control of Invasive and Noxious Plant Species, 2018 |
available at |
|
Env-Wt 102.21 |
Best Management
Practices for Routine Roadway Maintenance Activities in New Hampshire (2019) |
available at |
|
|
|
NH Dept. of Natural & Cultural Resources 172 Pembroke Road Email: nhtrails@dncr.nh.gov |
|
Env-Wt 102.22 |
Best Management
Practices for Erosion Control During NH Trail Maintenance and Construction (2017) |
available at |
|
Env-Wt 102.23 |
Best Management
Practices Manual Utility Maintenance in and Adjacent to Wetlands and
Waterbodies in New Hampshire, 2019 |
available at https://www.nhdfl.dncr.nh.gov/sites/g/files/ehbemt866/files/inline-documents/dncr-utility-bmps-2019.pdf |
|
Env-Wt 102.29 |
Natural
Communities of New Hampshire, 2nd Edition (2011) |
UNH Cooperative
Extension Taylor Hall 59 College Road Phone: (603)
862-1520 Download at no
charge from: |
|
Env-Wt 102.63 |
Level 2
Ecological Integrity Assessment Manual for New Hampshire: Wetland Systems”, Nichols and
Faber-Langendoen, 2017 |
available at |
|
Env-Wt 102.63 Env-Wt 103.48 |
Method for Inventorying and Evaluating Freshwater Wetlands in New
Hampshire, (revised 2023) |
UNH Cooperative
Extension Taylor Hall, 59 College Road Durham, NH 03824 Phone: (603)862-1520 available at |
|
Env-Wt 103.01 |
Classification
of Wetlands and Deepwater Habitats of the United States, adapted from
Cowardin, Carter, Golet and LaRoe (1979), Wetlands
Subcommittee, Federal Geographic Data Committee, August 2013,
FGDC-STD-004-2013 |
Federal
Geographic Data Committee, Wetlands Subcommittee 12201 Sunrise
Valley Drive Email: fgdc@fgdc.gov available at https://www.fgdc.gov/standards/projects/wetlands/nwcs-2013 |
|
|
|
U.S. Army Corps
of Engineers New England
District 696 Virginia
Road Concord, MA
01742-2751 (978)318-8338 available at |
|
Env-Wt 103.02 |
Wetlands
Delineation Manual, Technical Report Y-87-1, Corps of Engineers, January 1987 |
|
|
|
|
|
|
Env-Wt 103.02 |
Regional
Supplement to the Corps of Engineers Wetlands Delineation Manual: Northcentral and Northeast Region, Version
2.0, U.S. Army Corps of Engineers, January 2012 |
https://usace.contentdm.oclc.org/utils/getfile/collection/p266001coll1/id/7640 |
|
Env-Wt 104.15 |
Identifying and
Documenting Vernal Pools in New Hampshire, 3rd Edition, 2016 |
NH Fish &
Game Department 11 Hazen Drive Concord, NH 03301 Phone: (603)
271-3421 available at |
Appendix C: Statutory
Definitions
482-A:2
VIII. “Boat slip” means:
(a) On water bodies over 10,000 acres, means a
volume of water 25 feet long, 8 feet wide, and 3 feet deep as measured at
normal high water and located adjacent to a structure to which a watercraft may
be secured.
(b) On water bodies of 10,000 acres or less, a
volume of water 20 feet long, 6 feet wide, and 3 feet
deep as measured at normal high water mark and located
adjacent to a structure to which a watercraft may be secured.
I. “Commissioner” means
the commissioner of environmental services.
I-b. “Department” means the department of environmental services.
IV.
“Mean high tide” shall be determined according to the
published tables and standards of the United States Coast and Geodetic Survey,
adjusted to the locality
from such tables.
V. “Municipality” shall include cities, towns,
and village districts.
VI. “Person” shall mean any natural
person, firm,
partnership, association, corporation, company, organization or legal entity of any kind including municipal corporations,
governmental departments and agencies,
or their subdivisions.
VII. “Sand dune” shall mean a hill or ridge of sand
pile up by the wind and commonly found on the seacoast.
IX. “Structure” means, notwithstanding any other provision of law, something installed,
erected, or constructed, but shall not include
a bench, landing with dimensions no larger than 10
feet wide by 10 feet long,
or stairs
with a width not exceeding 6 feet,
provided that such benches, landings,
or stairs
are installed, erected, or constructed without regrading
or recontouring of the shoreline
and are not over water. Structures include, but are not limited
to, the following:
fence, dock, breakwater, post, pile, building, bridge, culvert, and wall.
X. “Wetlands” means an area that is inundated or saturated by surface water or groundwater at a frequency
and duration sufficient to support,
and that under normal conditions
does support, a prevalence
of
vegetation typically adapted for life in saturated
soil conditions.
XI.
“Wetland functions” means the practical measurable
values of wetlands. The
12 primary wetland
functions are ecological integrity,
wetland-dependent wildlife
habitat, fish and aquatic life
habitat, scenic quality,
educational potential, wetland-based recreation, flood storage, groundwater recharge,
sediment trapping, nutrient
trapping/retention/transformation,
shoreline anchoring, and noteworthiness.
483:4
VIII.
“Designated river” means that portion of a perennial river which has
been specifically designated by the general court pursuant to RSA 483:15.
XVIII. “River corridor” means the river and the land
area located within a distance of 1,320 feet of the
normal high water mark or to the landward extent of
the 100 year floodplain as designated by the Federal
Emergency Management Agency, whichever distance is larger.
483-B:4
XI-e.
“Ordinary high water mark” means the line on the shore, running parallel
to the main stem of the river, established by the fluctuations of water and
indicated by physical characteristics such as a clear, natural line impressed
on the immediate bank, shelving, changes in the character of soil, destruction
of terrestrial vegetation, the presence of litter and debris, or other
appropriate means that consider the characteristics of the surrounding areas. Where the ordinary high
water mark is not easily discernable, the ordinary high
water mark may be determined by the department of environmental
services.
485-A:2
XIV.
“Surface waters of the state” means perennial and seasonal streams,
lakes, ponds, and tidal waters within the jurisdiction of the state, including
all streams, lakes, or ponds bordering on the state, marshes, water courses,
and other bodies of water, natural or artificial.
487:16
II. The term “exotic aquatic weeds” includes
only those species of vascular aquatic plants which were not part of New
Hampshire’s native aquatic flora before 1950. Cabomba
caroliniana and Myriophyllum heterophyllum are examples of exotic aquatic weeds.
270:59
III. “Mooring” when used as a noun, means a
mooring anchor, or other fixed object or stationary point, with or without a
mooring buoy together with attached chains, cables, ropes, and pennants and
related equipment used for the purpose of securing watercraft.
310-A:2
II. “Professional engineer” means
a person who by reason of advanced knowledge of mathematics and the physical
sciences, acquired by professional education and practical experience, is
technically and legally qualified to practice engineering, and who is licensed
by the board or otherwise authorized by this subdivision to engage in the
practice of engineering.
310-A:76
II-a. “Certified wetland scientist” means a person
who, by reason of his or her special knowledge of hydric soils, hydrophytic
vegetation, and wetland hydrology acquired by course work and experience, as
specified by RSA 310-A:84, II-a and II-b, is qualified to delineate wetland
boundaries and to prepare wetland maps; to classify wetlands; to prepare
wetland function and value assessments; to design wetland mitigation; to
implement wetland mitigation; to monitor wetlands functions and values; and to
prepare associated reports, all in accordance with standards for identification
of wetlands adopted by the New Hampshire department of environmental services
or the United States Army Corps of Engineers or their successors, and who has
been duly certified by the board.
310-A:99
I-a. “Forester” means a person who practices
forestry and is licensed under this subdivision, or a person specifically
exempted from licensure under RSA 310-A:98, II.
672:6
Local Governing Body.
“Local
governing
body” means, in addition to any other appropriate title:
I. Board of selectmen in a town;
II. City council or board of aldermen
in a city;
III. Village district commissioners in
a village district; or
IV. County commissioners in a county
in which there are located unincorporated towns or
unorganized places.
Appendix D: Federal Definitions
40
CFR §230.3 Definitions.
(l) The term practicable
means available and capable of being done after taking into consideration cost,
existing technology, and logistics in light of overall
project purposes.
Appendix E:
Summary of Abbreviations and Acronyms
|
Term |
Meaning |
|
Agriculture
BMWPs |
“Best Management
Wetlands Practices for Agriculture” dated 2019, published by the NH
Department of Agriculture, Markets, and Food |
|
A/M BMPs |
“Wetlands Best
Management Practice Techniques For Avoidance and Minimization” dated 2019,
published by the New England Interstate Water Pollution Control Commission |
|
CPESC specialist |
Certified
Professional Erosion and Sediment Control specialist - an individual
certified by EnviroCert International, Inc.® as
competent to develop and implement erosion and sediment control practices |
|
CY |
Cubic Yard |
|
Federal
classification method |
Method
established in “Classification of Wetlands and Deepwater Habitats of the
United States”, adapted from Cowardin, Carter, Golet
and LaRoe (1979), August 2013, FGDC- STD-004-2013 |
|
Federal
delineation method |
Method
established in “Wetlands Delineation Manual”, Technical Report Y-87-1, Corps
of Engineers, January 1987, and “Regional Supplement to the Corps of
Engineers Wetlands Delineation Manual:
Northcentral and Northeast Region”, Version 2.0, U.S. Army Corps of
Engineers, January 2012 |
|
Forestry BMPs |
“New Hampshire
Best Management Practices for Erosion Control on Timber Harvesting
Operations” dated 2016, published by the University of New Hampshire
Cooperative Extension |
|
HOTL |
Highest
Observable Tide Line |
|
Invasive Plant
BMPs |
“Best Management
Practices For the Control of Invasive and Noxious Plant Species” dated 2018,
published by the NHDOT |
|
Marina BMPs |
“Best Management
Practices For New Hampshire Marinas” dated 2001, published by the NHDES
Pollution Prevention Program |
|
LAC |
Local [River]
Advisory Committee |
|
LiDAR |
Light Detection
and Ranging - A surveying method that measures distance to a target by
illuminating the target with pulsed laser light and measuring the reflected
pulses with a sensor, with the differences in laser return times and
wavelengths then being used to make digital 3-D representations of the
target. |
|
LF |
Linear Foot |
|
NH Method |
“Method for
Inventorying and Evaluating Freshwater Wetlands in New Hampshire” dated 2013
and revised 2015 and 2016, available at https://nhmethod.org/ |
|
NHB |
Natural Heritage
Bureau of the NH DNCR |
|
NH DNCR |
NH Department of
Natural and Cultural Resources |
|
NHF&G |
NH Fish and Game
Department |
|
NHDOT |
NH Department of
Transportation |
|
NRCS |
Natural
Resources Conservation Service of the U.S. Department of Agriculture |
|
PBN |
Permit-by-Notification
(created in the rules) |
|
PRA |
Priority
Resource Area - a jurisdictional area that: (a)
Has documented occurrences of protected species or habitat; (b)
Is a bog; (c)
Is a floodplain wetlands contiguous to a tier
3 or higher watercourse; (d)
Is a designated prime wetland or a duly-established 100-foot buffer; (e)
Is a sand dune, tidal wetland, tidal water, or undeveloped tidal
buffer zone; or (f)
Is any combination of (a) through (e), above. |
|
Professional
engineer |
RSA 310-A:2, II.
“Professional engineer” means a person who by reason of advanced knowledge of
mathematics and the physical sciences, acquired by professional education and
practical experience, is technically and legally qualified to practice
engineering, and who is licensed by
the board or otherwise authorized by this subdivision to engage in the
practice of engineering. |
|
Routine Roadway
BMPs |
“Best Management Practices for Routine
Roadway Maintenance Activities in New Hampshire” dated 2019, published by the
NHDOT |
|
SF |
Square Foot |
|
SPN |
Statutory
Permit-by-Notification (established in RSA 482-A) |
|
Subject property |
(a)
For projects in surface water for which any kind of permit is
required, the parcel(s) of land adjacent to and associated with the area in
which the project will occur or has occurred; or (b)
For all other projects for which any kind of permit is required, the
parcel(s) of land on which the project will occur or has occurred. |
|
Trail BMPs |
“New Hampshire
Best Management Practices for Erosion Control During Trail Maintenance and
Construction” dated 2017, published by the NH DNCR |
|
US ACE |
U.S. Army Corps
of Engineers |
|
USGS |
United States
Geological Survey |
|
Utility BMPs |
“Best Management
Practices Manual, Utility Maintenance in and Adjacent to Wetlands and
Waterbodies in New Hampshire” dated 2019, published by the NH DNCR |
|
WAP |
Wildlife Action
Plan prepared and published by NHF&G |
|
Water Quality
BMPs |
Recommended
practices for minimizing or preventing the direct or indirect discharge of
sediment or other pollutants into surface waters and wetlands, including
those listed in Env-Wt 307 and the Agriculture
BMPs, Forestry BMPs, Marina BMPs, Invasive Plant BMPs, Roadway Maintenance
BMPs, Trail BMPs, and Utility BMPs, as applicable |
|
WPPT |
Wetlands Permit
Planning Tool - a GIS tool that provides access to data for planning projects
near or in jurisdictional areas, available at https://nhdeswppt.unh.edu |