Section Env-Wt 604.03 - General Criteria for Tidal Waters/Wetlands(a) Except as allowed under Env-Wt 606, permanent new impacts to tidal wetlands shall be allowed only to protect public safety or homeland security.(b) Evaluation of impacts to tidal wetlands and tidal waters shall be based on: (1) The standard conditions in Env-Wt 307;(2) The avoidance and minimization requirements in Env-Wt 311.07 and Env-Wt 313.03;(3) The approval criteria in Env-Wt 313.01;(4) The evaluation criteria in Env-Wt 313.05;(5) The project specific criteria in Env-Wt 600;(6) The CFA required by Env-Wt 603.04; and (7) The vulnerability assessment required by Env-Wt 603.05.(c) Projects in tidal surface waters or tidal wetlands shall:(1) Optimize the natural function of the tidal wetland, including protection or restoration of habitat, water quality, and self-sustaining stability to storm surge;(2) Be designed with a preference for living shorelines over hardened stabilization practices; and(3) Be limited to public infrastructure or restoration projects that are in the interest of the general public, including a road, a bridge, energy infrastructure, or a project that addresses predicted sea-level rise and coastal flood risk.N.H. Admin. Code § Env-Wt 604.03
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12806, Effective 12/15/2019, Expires 12/15/2029.