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RSA 482-A:31 · Rulemaking

Title
L: WATER MANAGEMENT AND PROTECTION
Chapter
482-A · FILL AND DREDGE IN WETLANDS
Status
current
Official source linked
Yes
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482-A:31 Rulemaking. – The commissioner shall adopt rules under RSA 541-A relative to:

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I.

Identification of appropriate situations under which in lieu payments may be made. The criteria in RSA 482-A:28 shall be the minimum requirements for projects eligible for in lieu payments.

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II.

The method of calculating the amount of in lieu payments under RSA 482-A:30 and RSA 482-A:30-a which shall approximate the total cost of wetlands construction, stream and river construction, or such other mitigation actions as would have been required by the department and incurred by the applicant in the absence of making such payments. An administrative assessment of 20 percent of the total cost shall be added as part of the calculation method.

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III.

Criteria to use in selecting projects that would compensate for the lost aquatic resource functions or values.

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(a)

Tidal aquatic resources shall be compensated by the selection of qualifying tidal projects.

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(b)

An emphasis shall be given to selecting from among the qualifying projects those that are nearer to the site of the lost aquatic resource.

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(c)

No project shall be funded with in lieu payments from losses that occurred outside the service area in which the project is located. A service area may be a hydrologic unit code 8 watershed, as developed by the United States Geological Survey, or a modification of a hydrologic unit code 8 watershed by the department as approved by the United States Army Corps of Engineers.

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(d)

Such criteria shall be adopted in consultation with the site selection committee established under RSA 482-A:32.

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IV.

Requests for extensions of excavating and dredging permits.

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V.

The certification program for municipal culvert installers under RSA 482-A:3, XVIII. Source. 2006, 313:1. 2009, 303:4. 2010, 16:6. 2011, 143:2; 171:5, 6. 2012, 74:2, eff. July 22, 2012; 273:3, eff. June 19, 2012.

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Source note

Source. 2006, 313:1. 2009, 303:4. 2010, 16:6. 2011, 143:2; 171:5, 6. 2012, 74:2, eff. July 22, 2012; 273:3, eff. June 19, 2012.

Source history

  • 2006, 313:1
  • 2009, 303:4
  • 2010, 16:6
  • 2011, 143:2; 171:5, 6
  • 2012, 74:2, eff. July 22, 2012; 273:3, eff. June 19, 2012

Related materials

Bill relationships

  • 2026 HB1141 reference

    d the purposes of this chapter. Nothing contained in this paragraph shall be construed to modify or limit the duties and authority conferred upon the department under RSA 482 and RSA 482-A. II.(a) The department shall charge a fee for applications, including project inspections, required under this section. For projects that qualify for a permit by notification allowed by paragraph II-a, the applicat

  • 2026 HB1141-FN reference

    d the purposes of this chapter. Nothing contained in this paragraph shall be construed to modify or limit the duties and authority conferred upon the department under RSA 482 and RSA 482-A. II.(a) The department shall charge a fee for applications, including project inspections, required under this section. For projects that qualify for a permit by notification allowed by paragraph II-a, the applicat

  • 2026 HB1530 reference

    gent shall be responsible for maintaining the flow device. Complete or partial dam removal or the installation or removal of a flow device shall be allowed without a permit under RSA 482-A if machinery does not enter the water and filling or dredging in or adjacent to surface water, wetlands, or their banks does not occur and shall be done in a gradual manner that does not allow a sudden release of impoun

  • 2026 HB1530-FN reference

    gent shall be responsible for maintaining the flow device. Complete or partial dam removal or the installation or removal of a flow device shall be allowed without a permit under RSA 482-A if machinery does not enter the water and filling or dredging in or adjacent to surface water, wetlands, or their banks does not occur and shall be done in a gradual manner that does not allow a sudden release of impoun

  • 2026 HB1752 reference · effective 2027-01-01

    r harvesting or associated road or gravel pit construction in wetlands, shoreland protection zones, or other environmentally sensitive areas shall require additional permits under RSA 482-A and RSA 483-B. II. The division of forests and lands shall coordinate with the department of environmental services to ensure compliance. 227-J:21 In-Stream Wood Placement. I. Projects to place wood in streams for ha

  • 2026 HB1752-FN reference · effective 2027-01-01

    r harvesting or associated road or gravel pit construction in wetlands, shoreland protection zones, or other environmentally sensitive areas shall require additional permits under RSA 482-A and RSA 483-B. II. The division of forests and lands shall coordinate with the department of environmental services to ensure compliance. 227-J:21 In-Stream Wood Placement. I. Projects to place wood in streams for ha

  • 2026 SB527 reference

    of the application for issuance of a permit, certificate, or license within the designated river or corridor under RSA 485-C, RSA 485-A, RSA 483-B, RSA 12-E, RSA 270:12, RSA 482, RSA 482-A is provided, except notifications for minimum impact activities under RSA 482-A:3, V and XII and for routine roadway maintenance under RSA 482-A:3, XVI on land used for agricultural purposes, RSA 149-M, RSA 430, or RSA

  • 2026 SB564 reference · effective 2027-07-01

    ge, rendering duplicative or more restrictive municipal caps on road length unnecessary and duplicative. IV. Environmental protections for wetlands and protected shoreland under RSA 482-A and RSA 483-B remain vital and are not altered by this act. Allowing utilities in other open space or buffer areas promotes compact development and reduces sprawl, preserving larger tracts of conservation land. V. Th

  • 2025 HB2 add

    opt rules to establish a permit by notification for projects with plans encompassing an area less than 150,000 square feet that are not subject to RSA 483-B:9. 141:14 New Section; Boathouse Requirements. Amend RSA 482-A by inserting after section 26 the following new section: 482-A:26-a Boathouse Requirements. I. Any boathouse constructed after July 1, 2025, and located over public waters shall not exceed a structural height