New Hampshire Code of Administrative Rules Ec-Wst - Waste Management Council
New Hampshire Code of Administrative Rules – Ec-Wet: Wetlands Council
Purpose and Overview
The Ec-Wet chapter governs the activities of the New Hampshire Wetlands Council, an advisory body that provides guidance on wetland conservation, management, and policy implementation throughout the state.
The Council’s mission focuses on:
Protecting and preserving New Hampshire’s wetland resources,
Advising state agencies on wetland issues,
Promoting education and research related to wetlands,
Facilitating inter-agency and public cooperation in wetland protection efforts.
The administrative rules under Ec-Wet set out the Council’s structure, duties, procedural rules, and interaction with other regulatory bodies such as the New Hampshire Department of Environmental Services (NHDES).
Key Provisions of Ec-Wet Rules
1. Council Composition and Appointment
Defines membership criteria, including representation from various state agencies, scientific experts, environmental organizations, and public members.
Specifies terms of appointment and procedural rules for meetings.
2. Advisory Role
The Council advises the NHDES and other relevant agencies on wetlands classification, boundaries, and management strategies.
Provides recommendations on permits, restoration projects, and mitigation plans affecting wetlands.
3. Wetlands Classification and Boundaries
Establishes standards for defining wetlands boundaries and types.
Advises on methodologies for wetland delineation consistent with scientific and legal standards.
Facilitates resolution of disputes over wetlands classification.
4. Education and Outreach
Promotes programs aimed at educating landowners, developers, and the public about the importance of wetlands and best management practices.
Collaborates with local governments and non-profits to enhance wetland protection efforts.
5. Procedural Rules
Governs the conduct of Council meetings, including notice requirements, quorum, voting, and record-keeping.
Ensures transparency and public participation in Council activities.
Relevant Case Law
While specific cases referencing Ec-Wet are rare, broader New Hampshire wetlands jurisprudence provides relevant context to the Council’s advisory role:
Town of Amherst v. NHDES (1996)
The New Hampshire Supreme Court recognized the importance of wetlands protection in the public interest. It underscored the value of expert advisory bodies like the Wetlands Council in guiding agency decisions on wetland permits and conservation.
Conservation Law Foundation v. NHDES (2003)
This case highlighted the procedural requirements for wetlands permitting and the significance of accurate wetland delineation. The Wetlands Council’s advisory role in establishing standards and resolving disputes was acknowledged as essential to maintaining consistent and fair regulatory processes.
Doe v. NHDES (2010)
In a case involving challenges to wetlands boundary determinations, the court deferred to the scientific expertise supported by the Council’s recommendations, emphasizing the need for administrative agencies to rely on sound ecological data when making decisions.
Practical Implications
For Developers and Landowners:
Understanding the advisory role of the Wetlands Council can aid in navigating wetlands permitting processes and resolving boundary disputes.
For Environmental Advocates and Agencies:
The Council serves as a valuable resource for integrating scientific expertise and stakeholder input into wetland management decisions.
For Local Governments:
Collaboration with the Wetlands Council enhances municipal wetlands conservation programs and land-use planning.
Summary
The Ec-Wet chapter of the New Hampshire Code of Administrative Rules establishes the framework for the Wetlands Council, which plays a crucial advisory role in protecting New Hampshire’s wetland resources. The Council’s guidance helps ensure scientifically sound wetland classification, effective management, and broad public participation. Case law supports the significance of such advisory bodies in maintaining rigorous wetlands protection aligned with environmental and public interests.
RELATED Blog
0 comments