New Hampshire Statewide Rule
New Hampshire Erosion and Sediment Control Standards
Key Facts
- Statutes
- RSA 485-A:17, 483-B
- Shoreland buffer
- 250 feet
- Required controls
- BMPs in approved plan
- Agency
- NHDES
Summary
New Hampshire RSA 485-A:17 and shoreland protection laws require erosion and sediment controls during land disturbance, with NHDES setting uniform best management practices that municipalities cannot weaken.
Any person proposing to dredge, excavate, place fill, mine, transport forest products or undertake construction in or on the border of the surface waters of the state, and any person proposing to significantly alter the characteristics of the terrain, in such a manner as to impede the natural runoff or create an unnatural runoff, shall be directly responsible to submit to the department detailed plans concerning such proposal and any additional relevant information requested by the department, at least 30 days prior to undertaking any such activity. The operations shall not be undertaken unless and until the applicant receives a permit from the department.
Full Breakdown
Erosion and sediment control under RSA 485-A:17 applies to construction, grading, and excavation that may discharge sediment to waters of the state. Plans must include silt fencing, stabilized construction entrances, sediment basins, and timely revegetation. Within the Shoreland Water Quality Protection Act jurisdiction (RSA 483-B), additional erosion controls apply within 250 feet of designated waters. NHDES inspects sites and coordinates with the EPA Construction General Permit. Municipalities can adopt complementary erosion ordinances but cannot reduce state standards. Stop-work orders are issued for failed sediment controls causing offsite discharges.
Violations & Penalties
Penalties include daily fines up to $2,000, restoration of impacted resources, suspension of permits, and required corrective action plans.
Frequently Asked Questions
When are erosion controls required in New Hampshire?
Sources
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