A Guide to the New Hampshire Fill and Dredge in Wetlands Act Requirements, Process, and Compliance

The New Hampshire Fill and Dredge in Wetlands Act is a crucial piece of environmental legislation that safeguards the state's valuable wetlands and water resources from the potential impacts of dredging, filling, and construction activities. This comprehensive guide delves into the Act's key provisions, regulatory standards, and compliance obligations, providing essential insights for navigating the complex permitting process and avoiding costly enforcement actions. By exploring the Act's applicability, prohibited activities, and recent regulatory developments, readers will gain a solid understanding of how to effectively manage projects while ensuring the protection of New Hampshire's vital aquatic ecosystems. With a focus on practical guidance and real-world implications, this guide serves as an indispensable resource for successfully complying with the New Hampshire Fill and Dredge in Wetlands Act and promoting responsible development practices throughout the state.

GENERAL INFORMATION

Key Details of the New Hampshire Fill and Dredge in Wetlands Act

Issuing Agency: New Hampshire Department of Environmental Services (NHDES)

Year Established: 1967

Last Amended: 2019

Statutory Authority: New Hampshire Revised Statutes Annotated, Title L, Chapter 482-A

Primary Legal Reference: New Hampshire Code of Administrative Rules, Chapter Env-Wt 100-900

Overview of the New Hampshire Fill and Dredge in Wetlands Act

The New Hampshire Fill and Dredge in Wetlands Act operates within the state's broader environmental regulatory framework and works in conjunction with federal regulations such as Section 404 of the Clean Water Act. The primary goal of the Act is to protect New Hampshire's wetlands and surface waters from degradation caused by dredging, filling, and construction activities.

The New Hampshire Department of Environmental Services (NHDES) is the primary state agency responsible for administering and enforcing the Act. The Act was first enacted in 1967 and has undergone several amendments over the years, with the most recent significant changes occurring in 2019.

The Act achieves its goals by requiring permits for activities that involve dredging, filling, or construction in wetlands and surface waters. The permitting process allows NHDES to review proposed projects and ensure they comply with the Act's requirements and do not cause undue harm to protected resources.

The Act applies to all wetlands and surface waters within the state of New Hampshire, with some exemptions for certain agricultural and forestry activities, as well as minor projects that meet specific criteria.

What does the New Hampshire Fill and Dredge in Wetlands Act protect?

The New Hampshire Fill and Dredge in Wetlands Act protects the state's wetlands and surface waters from degradation caused by dredging, filling, and construction activities. This includes:

  • Freshwater and tidal wetlands
  • Rivers, streams, and lakes
  • Ponds and vernal pools
  • Coastal waters and estuaries

The Act protects these resources by requiring permits for activities that could alter their physical, biological, or chemical characteristics, such as:

  • Dredging and excavation
  • Filling and grading
  • Construction of structures, roads, and utilities
  • Installation of docks, piers, and boat ramps

By regulating these activities, the Act helps maintain the ecological integrity of New Hampshire's wetlands and surface waters, preserving their functions and values, such as flood control, water quality improvement, groundwater recharge, and habitat for fish and wildlife.

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The New Hampshire Fill and Dredge in Wetlands Act, codified in New Hampshire Revised Statutes Annotated (RSA) 482-A, regulates activities that involve the dredging, filling, or construction in or adjacent to wetlands, surface waters, and banks in the state of New Hampshire. The primary goal of the act is to protect these valuable resources from degradation and destruction, thereby preserving their ecological functions and societal benefits.

The act applies to a wide range of entities, including:

  • Developers and construction companies
  • Municipalities and government agencies
  • Landowners and property managers
  • Utilities and infrastructure providers
  • Agricultural and forestry operations

Under the New Hampshire Fill and Dredge in Wetlands Act, the following activities are prohibited without a permit:

  1. Dredging: Removing or displacing soil, mud, sand, gravel, or other materials from wetlands, surface waters, or banks.
  2. Filling: Depositing or placing materials such as soil, rock, sand, gravel, or debris in wetlands, surface waters, or banks.
  3. Construction: Building or erecting structures, such as buildings, bridges, dams, or culverts, in or adjacent to wetlands, surface waters, or banks.
  4. Excavation: Digging, removing, or disturbing soil, mud, or other materials in wetlands, surface waters, or banks.
  5. Draining: Removing or diverting water from wetlands or surface waters through ditching, tiling, or other means.

These prohibitions are essential for maintaining the integrity of New Hampshire's wetlands and surface waters, which provide critical habitat for wildlife, filter pollutants, control flooding, and offer recreational opportunities.

Structure and Key Provisions

The New Hampshire Fill and Dredge in Wetlands Act is structured into several key sections that outline the regulation's purpose, definitions, permitting requirements, and enforcement provisions. Some of the most important sections include:

RSA 482-A:2 - Definitions

This section defines key terms used throughout the act, such as "wetlands," "surface waters," "banks," "dredge," and "fill." Understanding these definitions is crucial for determining whether a proposed activity falls under the act's jurisdiction.

RSA 482-A:3 - Permit Required

This section establishes the requirement for obtaining a permit from the New Hampshire Department of Environmental Services (DES) before engaging in any regulated activities. It also outlines the factors that DES must consider when reviewing permit applications, such as the project's impact on water quality, wildlife habitat, and public recreation.

RSA 482-A:4 - Exemptions

This section lists activities that are exempt from the act's permitting requirements, such as certain agricultural and forestry practices, maintenance of existing structures, and minor dredging or filling projects. However, even exempt activities must still comply with other applicable state and federal regulations.

RSA 482-A:5 - Application Procedure

This section describes the process for submitting a permit application to DES, including the required information, fees, and public notice provisions. It also establishes timelines for DES to review and make decisions on permit applications.

RSA 482-A:6 - Enforcement

This section grants DES the authority to enforce the act's provisions through administrative orders, civil penalties, and legal action. It also allows citizens to file complaints with DES or bring civil actions against alleged violators.

While this overview highlights some of the most significant sections of the New Hampshire Fill and Dredge in Wetlands Act, it is essential for project proponents to carefully review the full text of the regulation and consult with DES and other relevant agencies for guidance specific to their proposed activities. The act's applicability and requirements may vary depending on the project's location, scope, and potential impacts on wetlands and surface waters.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The New Hampshire Fill and Dredge in Wetlands Act establishes various standards and limitations to protect wetlands and water resources in the state. These include performance standards for activities such as dredging, filling, and construction in wetlands areas.1 The Act also sets forth specific criteria for evaluating the impact of proposed projects on wetlands functions and values, such as water quality, wildlife habitat, and flood storage capacity.2

The New Hampshire Department of Environmental Services (NHDES) is responsible for implementing and enforcing these standards through its permitting and review processes. Developers and consultants must work closely with NHDES to ensure that their projects comply with the applicable standards and limitations under the Act.

Monitoring, Reporting & Recordkeeping Obligations

The New Hampshire Fill and Dredge in Wetlands Act imposes various monitoring, reporting, and recordkeeping requirements on regulated entities to ensure compliance with the Act's standards and limitations. These obligations may include:

  • Pre-construction and post-construction site assessments and monitoring
  • Regular reporting on project activities and environmental impacts
  • Maintenance of detailed records on project design, construction, and operation3

The specific monitoring, reporting, and recordkeeping requirements for a given project will depend on factors such as the size and scope of the project, the sensitivity of the affected wetlands, and the potential for environmental impacts. Developers and consultants should work closely with NHDES to understand and fulfill these obligations for their specific projects.

Enforcement Actions & Penalties

The New Hampshire Fill and Dredge in Wetlands Act provides for various enforcement actions and penalties for violations of the Act's requirements. These may include:

  • Notices of violation and orders to cease and desist
  • Administrative fines and penalties
  • Civil and criminal penalties, including imprisonment and monetary fines4

The severity of enforcement actions and penalties will depend on factors such as the nature and extent of the violation, the potential for environmental harm, and the violator's compliance history.5

To avoid enforcement actions and penalties, it is crucial for developers and consultants to prioritize proactive compliance and early engagement with NHDES. This may involve:

  • Conducting thorough site assessments and environmental impact studies
  • Developing comprehensive compliance plans and monitoring programs
  • Seeking guidance and clarification from NHDES on specific requirements and obligations

Readers should consult the full text of the New Hampshire Fill and Dredge in Wetlands Act and work closely with NHDES to understand the specific enforcement provisions and penalty structures that may apply to their projects.6

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

The New Hampshire Fill and Dredge in Wetlands Act has undergone several notable developments in recent years that have shaped the current regulatory landscape. In 2019, the New Hampshire Department of Environmental Services (NHDES) adopted new rules (Env-Wt 100-900) that streamlined the permitting process and clarified various aspects of the regulation. These changes aimed to improve the efficiency and predictability of the permitting process while maintaining strong environmental protections.

One of the most significant changes introduced by the 2019 rules was the creation of a new "expedited review" process for certain minimum impact projects, such as those affecting less than 3,000 square feet of wetlands. This expedited review process has greatly reduced the permitting timeline for qualifying projects, benefiting developers and environmental consultants working on smaller-scale projects.

Looking ahead, there are several proposed amendments and policy changes that could further impact the implementation of the New Hampshire Fill and Dredge in Wetlands Act. In 2021, the NHDES proposed revisions to the wetlands rules that would update the classification of wetlands, revise the criteria for evaluating wetland functions and values, and clarify the requirements for wetland mitigation. These proposed changes are currently under review and are expected to be finalized in the near future.

Stakeholders can stay informed about these developments by regularly checking the NHDES Wetlands Bureau website, which provides updates on rule changes, public hearings, and other relevant information. Additionally, interested parties can join the NHDES mailing list to receive notifications about wetlands-related news and events, and engage with industry associations such as the New Hampshire Association of Natural Resource Scientists (NHANRS) to stay connected with the professional community.

Additional Resources

REFERENCES

  1. N.H. Rev. Stat. Ann. § 482-A:1 et seq. (2021). ↩

  2. N.H. Code Admin. R. Env-Wt 300 et seq. (2021). ↩

  3. N.H. Code Admin. R. Env-Wt 700 et seq. (2021). ↩

  4. N.H. Rev. Stat. Ann. § 482-A:13 (2021). ↩

  5. N.H. Code Admin. R. Env-C 600 et seq. (2021). ↩

  6. N.H. Rev. Stat. Ann. § 482-A:1 et seq. (2021). ↩

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A Note to Our Readers: We hope this guide is a valuable resource in helping you better understand the Wetlands Act. However, it's not a substitute for professional advice and doesn't cover every scenario. Always consult with regulatory bodies and professionals for the most current advice and project-specific guidance.