Section Env-Wt 606.17 - Project Classifications(a) The following projects shall be classified as major: (1) All new overwater structure construction in tidal waters/wetlands; and(2) Any maintenance, repair, or replacement of an existing legal docking structure that requires review by NHF & G, NHB, or National Marine Fisheries Service and impacts a protected species or habitat.(b) Maintenance, repair, and replacement in-kind of existing legal docking structures shall be classified as minimum impact, provided: (1) No work is proposed that would be prohibited under RSA 482-A:26;(2) No change in location, configuration, construction type, or dimensions is proposed; (3) No authorization is required from NHF & G to amend the standard time of year restriction in Env-Wt 307.04; and(4) The applicant certifies in writing that: a. The existing structures would be considered grandfathered in their current configuration and have not been abandoned; or b. The existing structures were constructed pursuant to a previously-issued wetlands permit and have not been abandoned.(c) Maintenance, repair, or replacement in-kind of an existing legal docking structure shall be classified as a minor impact if the project: (1) Exceeds any of the criteria in (b), above; or(2) Requires review by NHF & G, NHB, or National Marine Fisheries but does not impact a protected species or habitat.N.H. Admin. Code § Env-Wt 606.17
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12806, Effective 12/15/2019, Expires 12/15/2029.