RSA 489:7 · Submission and Review of Final Application

489:7 Submission and Review of Final Application. –

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I.

Following the pre-application technical review, the applicant shall submit a complete application, as defined by the department in rules, together with the application fee, which shall be equal to the total of the permit fees specified in statute and in rules for each of the individual permits or approvals being replaced by the integrated land development permit, to the department. The proposed activities shall not be undertaken unless and until the applicant receives a permit from the department.

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II.

Within 14 days of receipt of the application, the department shall notify the applicant whether the application is complete or not. Incomplete applications shall not be accepted and shall be returned, along with the fee, to the applicant to be made complete and resubmitted to the department.

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III.

Concurrent with the submission of the final application to the department, the applicant shall:

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(a)

Provide a complete copy of the final application and all supporting materials, by certified mail or other delivery method that provides proof of receipt, to the municipality, or if applicable, municipalities in which the project is located and, when applicable, the local river management advisory committee or committees.

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(b)

Notify all abutters by certified mail or other delivery method that provides proof of receipt regarding the application. If any question arises as to whether all abutters were notified, the burden shall be on the applicant to show that notification was made.

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IV.

The department shall apply the technical criteria established in the affected programs.

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V.

The department may waive, in accordance with RSA 489:9, any technical criteria established by statute or rule under the affected programs, if such waiver is necessary to achieve a superior overall environmental outcome, or achieve an equivalent overall environmental outcome at reduced cost.

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VI.

Within 45 days of receiving a complete application, the department shall:

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(a)

Approve the application and issue a permit, which shall include such conditions as the department deems necessary to comply with this chapter or rules adopted under this chapter;

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(b)

Deny the application and issue written findings in support of the denial;

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(c)

Identify the need for and schedule a public hearing on the proposed project, and within 30 days of the public hearing approve or deny the application in accordance with subparagraph (a) or (b); or

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(d)

Extend the time for rendering a decision on the application for good cause and with the written agreement of the applicant.

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VII.

If the department fails to act within the applicable time frame established in this section, the applicant may ask the department to issue the permit by submitting a written request. If the applicant has previously agreed to accept communications from the department by electronic means, a request submitted electronically by the applicant shall constitute a written request.

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(a)

Within 14 days of the date of receipt of a written request from the applicant to issue the permit, the department shall:

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(1)

Approve the application, in whole or in part, and issue a permit; or

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(2)

Deny the application and issue written findings in support of the denial.

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(b)

If the department does not issue either a permit or a written denial within the 14-day period, the applicant shall be deemed to have a permit by default and may proceed with the project as presented in the application. The authorization provided by this subparagraph shall not relieve the applicant of complying with all requirements applicable to the project, including but not limited to requirements established in or under this chapter and any chapter relating to the applicable affected programs.

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(c)

Upon receipt of a written request from an applicant, the department shall issue written confirmation that the applicant has a permit by default pursuant to subparagraph (b), which authorizes the applicant to proceed with the project as presented in the application and requires the work to comply with all requirements applicable to the project, including but not limited to requirements established in or under this chapter and any chapter relating to the applicable affected programs.

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VIII.

Undertaking any activity authorized by a permit issued pursuant to VI(a), VII(a), or VII(c) shall constitute express authorization by the property owner and the permittee, if other than the property owner, for the department and other participating regulatory agencies, through their respective agents or employees, to enter upon the subject property for purposes of determining compliance with the permit and other applicable requirements at reasonable times and with reasonable notice except under exigent circumstances. Source. 2013, 270:1, eff. July 1, 2017.

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