New Hampshire § 483-9 - Section 483:9 Natural Rivers Protection.

§ 483-9. Section 483:9 Natural Rivers Protection.

The following protection measures shall apply to a river or segment designated as a natural river: I. No dam or other structure or improvement that impedes or significantly alters the free-flowing condition or natural character of the river or segment shall be permitted, certified, constructed, or operated in such river or segment. II. No interbasin transfers of water from a designated natural river or segment shall be permitted. III. No channel alteration activities shall be permitted. The commissioner may approve channel alterations as follows: (a) Temporary channel alterations in conjunction with the repair or maintenance of a bridge, road, or riprap which is in place at the time a river or segment is designated; or (b) Permanent alterations in conjunction with the repair or maintenance of a bridge, road, or riprap which is in place at the time a river or segment is designated which have only de minimis impact to or restore the channel's geomorphic characteristics. IV. A protected instream flow shall be established by the commissioner for each designated natural river or segment and any upstream impoundment or diversion facility which may affect the free-flowing condition or natural character of the designated river or segment pursuant to RSA 483:9-c. V. Water quality shall be maintained at, or restored to the Class A level, or maintained at the Class B level. Each designated natural river or segment shall constitute an outstanding natural resource water pursuant to the standards adopted under RSA 485-A:8. The department shall review and consider adopted local river corridor management plans prior to issuing any permit under RSA 485-A:13 or RSA 485-A:17. VI. Any new solid waste storage or treatment facility, as defined in RSA 149-M:4, IX shall be set back a minimum of 250 feet from the normal high water mark of a designated natural river or segment and screened with a vegetative or other natural barrier to minimize visual impact, except: (a) New solid waste landfills shall not be permitted within the corridor of a designated natural river or segment, or less than 100 feet from the landward extent of the 500 year floodplain, whichever distance is greater, and shall be screened from the river with a vegetative or other natural barrier to minimize visual impact; (b) Expansion of existing solid waste landfills shall not occur within the 500 year floodplain of a designated natural river or segment and any expansion of such a landfill located within the corridor of a designated natural river or segment shall be set back a minimum of 100 feet from the landward extent of the 500 year floodplain and screened from the river with a vegetative or other natural barrier to minimize visual impact; (c) Any land application within the river corridor of septage, sludge, or solid waste, as defined in RSA 149-M:4, XXII, shall be set back a minimum of 250 feet from the normal high water mark and shall be immediately incorporated into the soil. The provisions of this subparagraph shall not apply to manure, lime, or wood ash when used for agricultural purposes and that follow established state or federal best management practices for the protection of water quality. (d) An existing solid waste facility which is located within 250 feet of the normal high water mark of a designated natural river or segment may continue to operate under an existing permit provided it does not cause degradation to an area in excess of that area under permit at the time of designation; and (e) The department may permit a resource recovery operation at an existing landfill located within 250 feet of the normal high water mark of a designated natural river or segment. VII. No new hazardous waste facilities as defined in RSA 147-A:2 which store hazardous waste for more than 90 days, shall be permitted within the corridor of a designated natural river or segment. VIII. No motorized watercraft shall be permitted to operate on a designated natural river or segment, except for emergency purposes.