US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 New Hampshire Revised Statutes » Title L - Water Management and Protection » Title 489 - Integrated Land Development Permit

Section 489:1 – Purpose.

    489:1 Purpose. – This chapter is intended to: I. Establish an integrated land development permit option that may be sought, at the discretion of the applicant, as an alternative to seeking one or more individual land development permits or approvals issued by the department of environmental services. II. Provide a coordinated approach and holistic […]

Section 489:10 – Appeals.

    489:10 Appeals. – I. Any person aggrieved by a decision made under RSA 489:7, V, VI(a) or (b), or VII, and any person subject to an order of the department under RSA 489:11 who wishes to appeal shall, within 30 days of the decision, file a notice of appeal with the appeals clerk for […]

Section 489:11 – Compliance.

    489:11 Compliance. – I. The following shall constitute noncompliance with this chapter: (a) Failure to comply with this chapter or any rule adopted or permit issued under this chapter. (b) Failure to comply with an order of the commissioner issued relative to this chapter or any rule adopted or permit issued under this chapter. […]

Section 489:2 – Definitions.

    489:2 Definitions. – In this chapter: I. " Abutter " means any person who owns land immediately contiguous to the subject property or who owns flowage rights on such land. The term does not include the owner of any land that is separated by a public road or public waterway from the subject property […]

Section 489:3 – Authorization.

    489:3 Authorization. – I. There is hereby established an integrated land development permit, for which application may be made as an alternative to applying for separate, individual permits or approvals under the affected programs. II. Municipalities may review materials, engage in discussions with the department, conduct independent site visits with the consent of the […]

Section 489:4 – Applicability.

    489:4 Applicability. – I. Any person who wishes to conduct an activity requiring a permit or other approval from the department under 2 or more of the affected programs may choose to apply for an integrated land development permit from the department in lieu of all individual program permits or approvals otherwise required under […]

Section 489:5 – Conceptual Preliminary Discussions.

    489:5 Conceptual Preliminary Discussions. – Any person interested in pursuing an integrated land development permit may consult with the department regarding the applicable procedures and requirements. Applicants may request and participate in conceptual pre-application discussions with the department prior to initiating the formal pre-application technical review process under RSA 489:6. Such conceptual pre-application discussions […]

Section 489:6 – Pre-Application Technical Review.

    489:6 Pre-Application Technical Review. – I. An applicant shall initiate the integrated land development permit process by conducting certain activities, as specified by the department in rules adopted under this chapter, in preparation for pre-application technical review by the department. These activities shall include the following: (a) Inquiry or consultation with the department of […]

Section 489:7 – Submission and Review of Final Application.

    489:7 Submission and Review of Final Application. – 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 […]

Section 489:8 – Rulemaking.

    489:8 Rulemaking. – The commissioner of the department shall adopt rules under RSA 541-A relative to: I. Requirements and procedures for the pre-application process and technical review, including requirements for notification of and coordination with municipalities, other state and federal agencies, local river management advisory committees, and other entities. II. Application requirements and procedures […]

Section 489:9 – Waivers.

    489:9 Waivers. – I. No waiver from any affected program’s requirement in rule or statute shall be granted unless the applicant requesting the waiver demonstrates that: (a) There will be no substantial loss of wetland functions and values; (b) Water quality will be protected to the maximum extent practicable and in compliance with the […]