When Are They Required?

Developers, municipal officials and private citizens frequently inquire about the need for an RSA 485-A:17 (formerly 149:8-a) Site Specific permit for a particular project. These Alteration-of-Terrain permits are designed to protect New Hampshire surface waters by minimizing soil erosion and controlling stormwater runoff.

The N.H. Department of Environmental Services (DES) Water Division, issues these permits under N.H.Administrative Rules Env-Ws 415. These rules state in part:

Permit Required. A permit shall be obtained from the division prior to commencing any of the following activities:

(b) Construction, earth moving or other significant alteration of the characteristics of the terrain...when a contiguous area of 100,000 square feet or more will be disturbed.

1. For a single family subdivision in which the lot development will not be carried out at the same time as roadway construction, (i.e., the roadway and other work within the roadway right-of-way will be completed and stabilized prior to grading the lots), the only item considered in calculation of disturbed area is the roadway. For example, for a 50 foot right-of-way, 2,000 linear feet of roadway would create an area of disturbance of 100,000 square feet, thus requiring a Site Specific permit.
2. For other types of developments and earth removal operations, a contiguous earth disturbance of 100,000 square feet including building area, parking, driveways, roadways, utility construction, landscaping and borrow areas would require a Site Specific permit.
3. For earth removal operations in existence on the effective date of the regulations, May 4, 1981, the "footprint" of the area of disturbance at that time is considered to be grandfathered, but any contiguous disturbance of 100,000 square feet or more outside that footprint requires a Site Specific permit.
4. In addition to the above, RSA 483-B, the "Comprehensive Shoreland Protection Act," requires that any person intending to conduct an activity within the protected shoreland resulting in a contiguous disturbed area exceeding 50,000 square feet to first obtain a permit pursuant to RSA 485-A:17. The protected shoreland is defined by the act as all land located within 250 feet of the reference line of public waters.