Section Env-Wq 1503.02 - Permit Required(a) Subject to (b), below, no person shall dredge, excavate, place fill, mine, transport forest products, or undertake construction in or on the borders of surface waters of the state and no person shall undertake any activity that will significantly alter the characteristics of the terrain without a general permit by rule, a timber harvesting permit by rule, or an alteration of terrain (AOT) permit obtained in accordance with this chapter.(b) No permit under these rules shall be required for normal agricultural operations as defined in Env-Wq 1502. If a project includes development that requires an AOT permit and normal agricultural operations that do not need a permit, an application shall be submitted only for the development that requires an AOT permit.(c) For any project for which an AOT permit is required solely based on the criteria specified in Env-Wq 1502.58(c), the area of disturbance subject to an AOT permit shall be limited to the area of activity that meets the criteria specified in Env-Wq 1502.58(c).(d) A disturbance shall be considered an unpermitted disturbance if it is not a normal agricultural operation as defined in Env-Wq 1502 and does not qualify for a general permit by rule or a timber harvesting permit by rule, and it: (1) Is not covered by an AOT permit or a site specific permit that remains in effect; or(2) Is covered by an AOT permit or a site specific permit that remains in effect but is not in accordance with the approved plans and specifications.(e) Any disturbance for which an AOT permit is required that occurs, in whole or in part, prior to the permit being applied for or obtained shall be considered an unpermitted disturbance for which the person undertaking the work shall file an after-the-fact application as specified in Env-Wq 1503.31.N.H. Admin. Code § Env-Wq 1503.02
(See Revision Note #1 at chapter heading for Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for Env-Wq 1500); amd by #9817-A, eff 12-1-10
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12342, Effective 8/15/2017, Expires 8/15/2027.Amended by Number 41, Filed October 12, 2023, Proposed by #13758, Effective 9/28/2023, Expires 9/28/2033 (see Revision Note #4 at chapter heading for Env-Wq 1500).