Section Env-Wt 313.03 - Avoidance and Minimization(a) The department shall not approve any alteration of any jurisdictional area unless the applicant demonstrates that the potential impacts to jurisdictional areas have been avoided to the maximum extent practicable and that any unavoidable impacts have been minimized, as described in A/M BMPs, available as noted in Appendix B.(b) For any major or minor project, exclusive of non-tidal shoreline structures that are subject to (c), below, the applicant shall demonstrate specifically that: (1) There is no practicable alternative that would have a less adverse impact on the area and environments under the department's jurisdiction;(2) The project avoids and minimizes impacts to tidal marshes and non-tidal marshes where documented to provide sources of nutrients for finfish, crustacea, shellfish, and wildlife of significant value;(3) The project maintains hydrologic connections between adjacent wetlands or stream systems;(4) The project avoids and minimizes impacts to wetlands and other areas of jurisdiction under RSA 482-A, especially those in which there are exemplary natural communities, vernal pools, protected species and habitat, documented fisheries, or any combination thereof;(5) The project avoids and minimizes impacts that eliminate, depreciate, or obstruct public commerce, navigation, or recreation;(6) The project avoids and minimizes impacts to floodplain wetlands that provide flood storage;(7) The project avoids and minimizes impacts to natural riverine forested wetland systems and scrub-shrub marsh complexes of high ecological integrity;(8) The project avoids and minimizes impacts to wetlands that would be detrimental to adjacent drinking water supply and groundwater aquifer levels; and(9) The project avoids and minimizes adverse impacts to stream channels and the ability of such channels to handle runoff of waters.(c) For any major or minor project involving the construction or modification of non-tidal shoreline structures over areas of surface waters having an absence of wetland vegetation, the applicant shall demonstrate specifically that:(1) The structures have been designed to use the minimum construction surface area over surface waters necessary to meet the stated purpose of the structures:(2) The type of construction proposed is the least intrusive upon the public trust that will ensure safe navigation and docking on the frontage;(3) The structures have been designed to avoid and minimize impacts on ability of abutting owners to use and enjoy their properties;(4) The structures have been designed to avoid and minimize impacts to the public's right to navigation, passage, and use of the resource for commerce and recreation;(5) The structures have been designed, located, and configured to avoid impacts to water quality, aquatic vegetation, and wildlife and finfish habitat; and(6) The structures have been designed to avoid and minimize the removal of vegetation, the number of access points through wetlands or over the bank, and activities that may have an adverse effect on shoreline stability.N.H. Admin. Code § Env-Wt 313.03
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12803, Effective 12/15/2019, Expires 12/15/2029 (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wt 300).Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12954, Effective 12/24/2019, Expires 12/24/2029.Amended by Volume XL Number 46, Filed November 12, 2020, Proposed by #13124, Effective 10/23/2020, Expires 10/23/2030.Amended by Number 45, Filed November 9, 2023, Proposed by #13777, Effective 10/13/2023, Expires 10/13/2033.