CHAPTER Env-Wq 1800 RIVERS
MANAGEMENT AND PROTECTION PROGRAM
Statutory Authority: RSA
483:11
Revision Note:
Document #8326, effective 4-21-05, readopted with
amendments and renumbered former Chapter Env-C 700
titled Rivers Management and Protection Program as Env-Ws 1800. This chapter was subsequently redesignated
editorially as Env-Wq 1800 pursuant to a rules reorganization plan for
Department rules approved by the Director of the Office of Legislative Services
on 9-7-05.
The prior filings for former Env-C 700 include the
following documents:
#4726, INTERIM, eff 12-21-89, EXPIRED:
4-20-90
#4963, eff 10-29-90; EXPIRED:
10-29-96
#6374, eff 11-16-96
#8204,
INTERIM, eff 11-16-04, EXPIRES: 5-15-05
PART Env-Wq 1801 PURPOSE AND APPLICABILITY
Env-Wq 1801.01 Purpose. The purpose of these rules is to explain:
(a) The process for nominating a perennial river
or river segment for protection under RSA 483; and
(b) The criteria to be used to evaluate such nominations.
Source. (See Revision Note at chapter heading for
Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff
11-26-08; ss by #12185, eff
5-25-17
Env-Wq 1801.02 Applicability. These rules shall apply to all nominations of
perennial rivers or river segments for protection under RSA 483.
Source. (See Revision Note at chapter heading for
Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff
11-26-08; ss by #12185, eff
5-25-17
PART Env-Wq 1802 DEFINITIONS
Env-Wq
1802.01 “Commissioner” means the commissioner of the department of
environmental services.
Source. (See Revision Note at chapter heading for
Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff
11-26-08; ss by #12185, eff
5-25-17
Env-Wq 1802.02 “Committee”
means the rivers management advisory committee established in RSA 483:8.
Source. (See Revision Note at chapter heading for
Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff
11-26-08; ss by #12185, eff
5-25-17
Env-Wq 1802.03 “Community resource”
means the river has been identified or recognized by local residents or
referenced in a municipal document accepted by the municipality, such as a
master plan or a water resource management plan, as being important to the
community.
Source. (See Revision Note at chapter heading for
Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff
11-26-08; ss by #12185, eff
5-25-17
Env-Wq 1802.04 “Department”
means the department of environmental services.
Source. (See Revision Note at chapter heading for
Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff
11-26-08; ss by #12185, eff
5-25-17
Env-Wq 1802.05 “Diadromous” means regularly migrating between freshwater
and salt water. This category includes anadromous, catadromous, and amphidromous fish such as sea-lampreys, sturgeons, salmons,
and alewives. Migration should be
cyclical and predictable.
Source. (See Revision Note at chapter heading for
Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff
11-26-08; ss by #12185, eff
5-25-17
Env-Wq 1802.06 “Endangered
animal” means “endangered species” as defined in RSA 212-A:2, IV, as reprinted
in Appendix C.
Source. (See Revision Note at chapter heading for
Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08 (from Env-Wq
1802.05); ss by #12185, eff
5-25-17
Env-Wq
1802.07 “Endangered plants” means
“endangered species” as defined in RSA 217-A:3, IV, as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for
Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08 (from Env-Wq
1802.07); ss by #12185, eff
5-25-17
Env-Wq 1802.08 “Exemplary
natural communities” means “exemplary natural communities” as defined in RSA
217-A:3, VII, as reprinted in Appendix C.
Source. #12185, eff 5-25-17
Env-Wq 1802.09 “Mouth”
means, for a tidal river, the lower end of the river where a line that forms a
right angle with at least one bank of the river can be drawn across the river
channel from bank to bank.
Source. #9657, eff 2-22-10;
ss by #12185, eff 5-25-17
Env-Wq 1802.10 “NH natural
heritage inventory” means the program within the department of resources and economic
development established by Chapter 195, Laws of 1986.
Source. (See Revision Note at chapter heading for
Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08 (from Env-Wq
1802.08); renumbered by #9657 (from Env-Wq 1802.09); ss
by #12185, eff 5-25-17
Env-Wq 1802.11 “Nomination”
means the nomination of a river for designation into the program as outlined in
Env-Wq 1803.
Source. (See Revision Note at chapter heading for
Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08 (from Env-Wq
1802.09); renumbered by #9657 (from Env-Wq 1802.10); ss
by #12185, eff 5-25-17
Env-Wq 1802.12 “Public access”
means the right of any person to enter a property on a non-discriminatory
basis.
Source. (See Revision Note at chapter heading for
Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08 (from Env-Wq
1802.10); renumbered by #9657 (from Env-Wq 1802.11); ss
by #12185, eff 5-25-17
Env-Wq
1802.13 “Recognized by local residents”
means that there are community projects, activities or events based on the
river or its corridor such as river clean-ups, canoe races, or a riverfest.
Source. (See Revision Note at chapter heading for
Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff
11-26-08; renumbered by #9657 (from Env-Wq 1802.12); ss
by #12185, eff 5-25-17
Env-Wq 1802.14 “River” means
a flowing body of water or a segment or tributary thereof.
Source. (See Revision Note at chapter heading for
Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08 (from Env-Wq
1802.11); renumbered by #9657 (from Env-Wq 1802.13); ss
by #12185, eff 5-25-17
Env-Wq 1802.15 “Rivers
coordinator” means the program administrator at the department of environmental
services authorized by RSA 483:3.
Source. (See Revision Note at chapter heading For
Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff
11-26-08 (from Env-Wq 1802.12); renumbered by #9657 (from Env-Wq 1802.14); ss by #12185, eff 5-25-17
Env-Wq 1802.16 “River
corridor” means the river and the larger of:
(a) The land area located within a distance of
1,320 feet of the normal high water mark; or
(b) The landward extent of the 100 year
floodplain as designated by the Federal Emergency Management Agency.
Source. (See Revision Note at chapter heading for
Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08 (from Env-Wq
1802.13); renumbered by #9657 (from Env-Wq 1802.15); ss
by #12185, eff 5-25-17
Env-Wq 1802.17 “Significant
aquatic habitat” means regions which are important to the survival of
particular aquatic populations. Such regions include, but are not limited to,
spawning beds and feeding areas.
Source. (See Revision Note at chapter heading for
Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08 (from Env-Wq
1802.16); renumbered by #9657 (from Env-Wq 1802.16); ss
by #12185, eff 5-25-17
Env-Wq 1802.18 “Significant
wildlife habitat” means regions which are important to the survival of
particular wildlife populations. Such
regions include, but are not limited to, deer wintering yards, waterfowl
breeding or wintering areas, freshwater wetlands or riparian habitat, and
saltwater wetlands associated with estuarine systems.
Source. (See Revision Note at chapter heading for Env-Wq
1800); #9330, eff 11-26-08 (formerly Env-Wq 1802.15);
renumbered by #9657 (from Env-Wq 1802.17); ss by
#12185, eff 5-25-17
Env-Wq 1802.19 “Sponsor”
means any individual or organization submitting a nomination under this
program.
Source. (See Revision Note at chapter heading for Env-Wq
1800); #9330, eff 11-26-08 (formerly Env-Wq 1802.16); renumbered by #9657 (from
Env-Wq 1802.18); ss by #12185, eff 5-25-17
Env-Wq
1802.20 “Threatened animal” means
“threatened species” as defined in RSA 212-A:2, V, as reprinted in Appendix C.
Source. #12185, eff 5-25-17
Env-Wq
1802.21 “Threatened plant” means
“threatened species” as defined in RSA 212-A:2, XX, as reprinted in Appendix C.
Source. #12185, eff 5-25-17
Env-Wq 1802.22 “Tidal river”
means a river whose salinity, flow, or level is influenced by the tides.
Source. #9657, eff 2-22-10;
ss by #12185, eff 5-25-17
(from Env-Wq 1802.20)
PART Env-Wq 1803 NOMINATIONS
Env-Wq 1803.01 Nomination
Requirements.
(a) To make a nomination to include a river or
segment thereof in the program, a sponsor shall submit a nomination to the
rivers coordinator on or before June 1 in order for it to be considered in the
next legislative session.
(b) A nomination shall be submitted on a form
obtained from the department and shall include the information required in
Env-Wq 1803.02.
(c) In addition to the original nomination, a
sponsor shall submit to the department one paper copy and one electronic copy of
the nomination together with any supporting documentation.
Source. (See Revision Note at chapter heading for
Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff
11-26-08; ss by #12185, eff
5-25-17
Env-Wq 1803.02 Information
Required for Nomination. A sponsor
shall provide the following information and documentation as part of the
nomination:
(a) The name of the river;
(b) The location and length of the river or
segment;
(c) The name, address, and daytime telephone
number of the sponsor and the sponsor’s contact person if the sponsor is an
organization;
(d) A description of significant resources which
the sponsor believes are contained or represented in the river or segment and
its corridor;
(e) A description and documentation of the
community and public support which the sponsor believes exists for the
nomination, including copies of any letters from elected and appointed local
officials;
(f) Documentation of notification to riparian
landowners and elected public officials of all municipalities through which
each nominated river or segment flows;
(g) A
recommendation on the appropriate classification or classifications for the
river or segment, including the length in miles, start and end point of each
segment, and the information necessary to determine if the recommended
classification is appropriate under RSA 483:7-a;
(h) A map of the nominated river or segment and
its corridor taken from a U.S. geological survey quadrangle(s) or equivalent in
accuracy and detail, and an inset or locator map showing the location of the
river or segment within the state;
(i) A map of the
nominated river or segment indicating:
(1) Stream
order, as determined using the New Hampshire hydrography dataset archived by
the geographically referenced analysis and information transfer system (GRANIT)
at the complex systems research center of the university of New Hampshire, as
specified in RSA 483-B:4, XVI(c); and
(2) Municipal
boundaries, major roads, and tributary streams;
(j) A written acknowledgment stating that the
sponsor understands that:
(1) All fourth
order and higher segments are subject to RSA 483-B whether or not they are
designated in accordance with this chapter;
(2) All third
order and lower segments designated pursuant to RSA 483:15 prior to the 2017
effective date of this chapter, subject to exemptions specified therein, are
subject to RSA 483-B; and
(3) All third
order and lower segments approved for designation after the 2017 effective date
of this chapter shall be subject to the standards and requirements in RSA 483-B
applicable to those protected shorelands within 50
feet of the reference line, as specified in RSA 483-B:4, XV.
(k) For a tidal river or tidal river segment, the
downstream extent of the nominated segment, located at or upstream of the mouth
of the tidal river; and
(l) An inventory, description, and assessment of
the statewide, regional, or local significance of the resources of the river or
segment and its corridor, including but not limited to:
(1) Geologic
resources;
(2) Wildlife
resources, including endangered or threatened animals, animals identified as
species of special concern in the New Hampshire Natural Heritage Bureau “Rare
Animal List for New Hampshire”, dated July 2013, available as noted in Appendix
B, or animals otherwise identified as rare;
(3) Vegetation
and natural communities, including:
a.
Endangered or threatened
plants;
b. Plants
identified in the New Hampshire Natural Heritage Bureau “Rare Plants, Rare
Animals and Exemplary Natural Communities in New Hampshire Towns” publication,
dated July 2013, available as noted in Appendix B;
c.
Habitat for wildlife
resources identified in (2), above, and fish resources identified in (4),
below; and
d.
Natural communities
identified as exemplary;
(4) Fish
resources, including endangered or threatened animals, fish identified as
species of special concern in the New Hampshire Natural Heritage Bureau “Rare
Animal List for New Hampshire”, dated July 2013, available as noted in Appendix
B, or fish otherwise identified as rare;
(5) Water
quality as designated pursuant to RSA 485-A:9 or as
shown by actual water quality analysis, if available;
(6) Water
quantity;
(7) Riparian
interests, including flowage rights;
(8) Existing
and potential withdrawals and discharges;
(9) Existing
and potential dams and hydroelectric resources;
(10) Hydrologic
resources, including natural flow characteristics;
(11) Existing
and potential recreational resources, including boating resources;
(12) Public
access;
(13) Scenic
characteristics;
(14) Cultural,
historical, and archaeological resources;
(15) Open
space;
(16) Community
resources;
(17) Current
land use and land use controls; and
(18) Scientific
resources.
Source. (See Revision Note at chapter heading for
Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08; amd by #9530,
INTERIM, eff 8-26-09, EXPIRES: 2-22-10; amd by #9657, eff
2-22-10; ss by #12185, eff
5-25-17
Env-Wq 1803.03 Review
for Completeness.
(a) The rivers coordinator shall review each
nomination to determine whether the nomination is complete.
(b) The rivers coordinator shall determine that
the nomination is complete if it contains all of the information and
documentation required by Env-Wq 1803.01 and Env-Wq 1803.02.
(c) Within 30 days of the submission of the
nomination, the rivers coordinator shall notify the sponsor as to whether the
nomination is complete or incomplete.
(d) If the rivers coordinator determines that the
nomination is incomplete, the rivers coordinator shall request the sponsor to
provide the missing information, and the nomination shall not be deemed
complete until such information is provided.
Source. (See Revision Note at chapter heading for
Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff
11-26-08; ss by #12185, eff
5-25-17
Env-Wq 1803.04 Review
Procedures.
(a) The rivers coordinator shall forward complete
nominations to the committee with a request to return a recommendation based on
whether the nomination:
(1) Meets the
criteria listed in RSA 483:6, IV(a) and (b) and Env-Wq 1803.02(l); and
(2) Is consistent with the policies
and intent identified in RSA 483:1 and RSA 483:2.
(b) After a public hearing as required by RSA 483:6,
III and receipt of the recommendation of the committee, the rivers coordinator
shall make a recommendation to the commissioner to approve the nomination if:
(1) The nomination
has been deemed complete, as specified in Env-Wq 1803.03;
(2) The committee
has recommended that the nomination be approved; and
(3) The nomination is
supported by the public, as demonstrated by the public comments received at the
public
hearing held pursuant to RSA 483:6, III and the level of demonstrated public
support for the nomination provided pursuant to Env-Wq 1803.02(e).
(c) The rivers coordinator shall forward his or her own recommendation and the recommendation made by the
committee to the commissioner, together with the nomination, within 120 days of
receipt of the complete nomination.
Source. (See Revision Note at chapter heading for
Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff
11-26-08; ss by #12185, eff
5-25-17
PART Env-Wq 1804 NOMINATION APPROVAL
Env-Wq 1804.01 Nomination
Criteria. The commissioner shall
consider the following factors when deciding whether to forward a river
nomination to the general court for its review:
(a) The criteria listed in RSA 483:6, IV(a) and (b) and Env-Wq 1803.02(l);
(b) The recommendation prepared by the rivers
coordinator;
(c) The recommendation prepared by the committee;
(d) The public comments on the nomination
received in public hearings held pursuant to RSA 483:6, III and the level of
demonstrated public support for the nomination as provided pursuant to Env-Wq
1803.02(e);
(e) For a tidal river or tidal river segment, the
recommendation of the Piscataqua Region Estuaries
Partnership and the NH fish and game department relative to the downstream
extent of the nominated segment.
Source. (See Revision Note at chapter heading for
Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08; amd by #9530,
INTERIM, eff 8-26-09, EXPIRES: 2-22-10; amd by #9657, eff
2-22-10; ss by #12185, eff
5-25-17
Env-Wq 1804.02 Legislative
Review and Approval.
(a) If the commissioner, after considering the
factors under Env-Wq 1804.01, determines that a river nomination is consistent with
the policies and intents identified in RSA 483:1 and RSA 483:2, the
commissioner shall:
(1) Approve the
nomination; and
(2) Forward the
nomination to the next regular session of the legislature for review and
approval according to RSA 483:7.
(b) If the commissioner does not approve a river
nomination, the commissioner shall notify the sponsor in writing within 30 days
of the receipt of the recommendation of the rivers coordinator and any
recommendation of the committee and shall inform the sponsor of the reasons for
that decision.
Source. (See Revision Note at chapter heading for
Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff
11-26-08; ss by #12185, eff
5-25-17
PART Env-Wq 1805 REPEALED & RESERVED
Env-Wq
1805.01
Source. (See Revision Note at chapter heading for
Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08; ss by #9657, eff 2-22-10; rpld by #12185, eff 5-25-17
Env-Wq 1805.02 - 1805.04
Source. (See Revision Note at chapter heading for
Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff
11-26-08; rpld by #12185, eff
5-25-17
Env-Wq 1805.05
Source. (See Revision Note at chapter heading for
Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08; amd by #9530,
INTERIM, eff 8-26-09, EXPIRES: 2-22-10; amd by #9657, eff
2-22-10; rpld by #12185, eff
5-25-17
Env-Wq 1805.06
Source. (See Revision Note at chapter heading for
Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff
11-26-08; rpld by #12185, eff
5-25-17
Appendix A: Statutes Implemented
|
Rule Sections |
Statute Implemented |
|
Env-Wq 1801 |
RSA 483:6 |
|
Env-Wq 1802 |
RSA 483:6 |
|
Env-Wq 1803 |
RSA 483:6 |
|
Env-Wq 1804 |
RSA 483:6 |
|
Env-Wq 1805 REPEALED |
RSA 483:6 |
Appendix B: Incorporated References
|
Rule
(Env-Wq) |
Reference
[Date/Edition] |
Obtain
From (Cost) |
|
1803.02(l)(2) 1803.02(l)(4) |
New Hampshire Natural Heritage Bureau “Rare Animal
List for New Hampshire”, dated July 2013 |
NH Division of Forests and Lands, Natural Heritage
Bureau 172 Pembroke Road Concord, New Hampshire 03301 172 No cost to download from: http://www.nhdfl.org/library/pdf/Natural%20Heritage/TrackingList-AnimalGeneral.pdf |
|
1803.02(l)(3)b. |
New Hampshire Natural Heritage Bureau “Rare Plants,
Rare Animals and Exemplary Natural Communities in New Hampshire Towns”, dated
July 2013 |
NH Division of Forests and Lands, Natural Heritage
Bureau 172 Pembroke Road Concord, New Hampshire 03301 172 No cost to download from: http://www.nhdfl.org/library/pdf/Natural%20Heritage/Townlist.pdf |
Appendix C: Statutory Definitions
RSA 212-A:2
IV.
“Endangered species” means any species of native wildlife whose continued
existence as a viable component of the state's wild fauna is determined to be
in jeopardy and includes any species of wildlife determined to be an endangered
species pursuant to the endangered species act.
V.
“Threatened species” means any species of wildlife which appears likely, within
the foreseeable future, to become endangered. The term shall also include any
species of wildlife determined to be a threatened species under the endangered species
act.
RSA 217-A:3
IV.
“Endangered species” means any species of plant that is in danger of extinction
throughout all or a significant portion of its range within the state, or any
species determined to be an endangered species pursuant to the Endangered
Species Act.
VII. “Exemplary natural community” means a viable
occurrence of a rare natural community type or a high quality example of a more
common natural community type as designated by the natural heritage bureau
based on community size, ecological condition, and landscape context.
XX.
“Threatened species” means any species of plant likely to become an endangered
species within the foreseeable future throughout all or a significant portion
of its range within the state, or any species of plant determined to be a
threatened species pursuant to the Endangered Species Act.