The changes to the Env-Wt 300 proposed by the NH Department of Environmental Services (the Department) are available at the link below for public review.  These rule changes were presented to the Wetlands Council on January 14, 2025 for their review and comment and are linked below.

Proposed Env-Wt 300 Rules

As discussed during the NHANRS Annual Conference on January 24, 2025 by Wetlands Bureau Administrator, Darlene Forst, changes to the Env-Wt 300 rules will be a full “repeal and replace” of the existing Env-Wt 300 rules. While the changes affect nearly all aspects of Env-Wt 300, they primarily change the structure in which they are presented and the style in which meaning is conveyed. Existing sections have been reorganized into a more linear and intuitive progression, redundant language and processes have been removed, the use of acronyms has been reduced, and where things could be stated more directly with fewer words, they have tried. The intent is to provide a more readable and transparent document leading to better application filings, quicker/easier reviews, and more predictable outcomes.

Due to changes in structures affecting rule numbers and the removal of acronyms, significant changes will be needed to multiple other chapters to ensure continuity. The Department does not intend to proceed with the formal rulemaking process at this time. They are providing these proposed changes to the public for your review. If there are concerns or comments, they encourage that you reach out to us in advance of rulemaking so they can be discussed and addressed. The primary contact for this purpose will be Wetlands Bureau Administrator, Darlene Forst at Darlene.C.Forst@des.nh.gov. The Department will return to the Wetlands Council to present these rules again after we’ve had an opportunity to collect and address comments from the public.

The Env-Wt 500 rule changes were also presented to the Wetlands Council on January 14, 2025 for their review and are linked below*. The Department intends to proceed with the formal rulemaking process.

Proposed Env-Wt 500 Rule Changes

The changes affect one definition in Env-Wt 100, Env-Wt 513, and Env-Wt 515 and their goal is to align the rules pertaining to boathouse permitting with current law and in accordance with recent advice from the Department of Justice. The language in RSA 482-A:26 that once precluded the approval of boathouses over public water no longer exists. In light of this, the Department is revising the rules to make the approval standards for boathouse permitting consistent with all other docking structures. These standards prioritize the design and use of structures that are the least impacting to the environment, water quality, and right of public passage including navigation and recreation. In short, because they are less impacting, boathouses over public waters will now be approved rather than boathouses over dug-in basins. The use of any approved boathouse would still be limited by RSA 482-A:26 (dwellings over public waters). New dug-in basins would no longer be allowed. It is better environmental policy to require the least environmentally impacting type of docking structure be used, which in some cases is a boathouse over public waters, rather than digging a basin into the shoreline. Existing dug-in basins and boathouses could still be maintained, repaired, and replaced in-kind. Existing boathouses over public waters could be modified so long as RSA 482-A:26 is not violated. The changes to Env-Wt 513 ensure that all boathouses would receive review and approval by the Governor and Executive Council.

Where the Department would now be approving walled in structures over public waters, the current rules prohibiting a canopy from having sides would be inconsistent and unfair. Because of this the Department proposes to change the definition of “canopy” found in Env-Wt 100 to allow sides.