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Old 04-18-2012, 09:12 AM   #10
Onshore
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Wetlands jurisdiction under RSA 482-A includes surface waters [U]and their banks[U]. Under RSA 483-B Shoreland jurisdiction starts at the shoreline and proceeds back 250 ft. This means the area defined as the bank is a jurisdictional overlap area. Rather than require 2 permits for the same work language was added into the Shoreland Act to specify that work in the overlap area only needs a Wetlands permit. Wetlands is the older and more stringent requirement and thus it became the permit that would be required.

Do not worry about the Programmatic General permit. This permit is already in place. Because NH's regs meet Army Corps of Engineer standards the Applicants that receive state level permits are considered to be covered under the Programmatic General Permit and do not need separate Corps review. There are a few exceptions to this but your project is nowhere near big enough to be one of them. The ACOE reviews DES permitting weekly and may send you a confirmation of compliance letter after you have received your Wetlands permit.

I would check with the Town/City first. Don't spend money on a State application if the town might say no to your project.
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