Section Env-Wt 804.03 - Incorporated Jurisdictional Areas(a) An area subject to preservation may incorporate a jurisdictional area provided: (1) The aquatic resource buffer partly or entirely surrounds the jurisdictional area or at least surrounds those undeveloped upland portions on the preservation parcel; and(2) Uplands comprise 50% or more of the minimum total compensatory mitigation area required under Env-Wt 803.08.(b) Jurisdictional areas on the same site as the project that are left undisturbed as part of meeting the avoidance and minimization requirements shall not be considered preservation.N.H. Admin. Code § Env-Wt 804.03
#8062, eff 3-13-04; ss by #8341, eff 4-25-05 (See Revision Note at chapter heading of Env-Wt 800); ss by #8911, eff 6-20-07
Amended by Volume XXXVI Number 01, Filed January 7, 2016, Proposed by #11000, Effective 2/1/2016, Expires 2/1/2026.Amended by Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12808, Effective 12/15/2019, Expires 12/15/2029.