Wetlands
Preserving and protecting New Hampshire’s tidal and freshwater wetlands from unregulated alteration.
New Hampshire’s diverse natural resources support many of the activities that drive its economy. Residents, businesses and visitors enjoy New Hampshire wetlands, streams, lakes and seacoast for their natural beauty and recreational opportunities.
In addition to their economic value, New Hampshire wetlands are of great importance for flood control, water quality, water storage and recharge for both groundwater and surface waters. These resources are even more critical with the expected increase in frequency and severity of storm events associated with climate change. Wetlands also support the food chain, providing food and habitat for a variety of aquatic and upland plants and wildlife.
Although New Hampshire has lost fewer wetlands to filling and dredging than many neighboring coastal states, landscape change poses a significant challenge to their protection. It is found to be for the state's public good and welfare to protect and preserve both tidal and fresh waters and wetlands (including lakes, ponds, rivers, streams, marshes, forested wetlands and peatlands) from unregulated despoliation. These resources provide important functions and values, such as:
- Absorbing flood waters.
- Treating stormwater.
- Recharging groundwater supplies.
- Providing habitat for fish and wildlife.
- Providing economic and recreational value.
Activities in wetlands and surface waters such as excavation, removal, filling, dredging and/or construction of structures in or on any bank, flat, marsh, forested wetland or adjacent to waterbodies, generally requires wetlands permitting review and approval, in accordance with the Fill and Dredge in Wetlands Act (RSA 482-A), unless otherwise specified by state statute or rule.
Emergency Authorizations
During emergencies caused by natural disasters, public agencies and private property owners can work in wetlands jurisdictions without a permit or prior authorization, if there is an imminent threat to public safety, public health, public infrastructure or private property. Requests for Emergency Authorizations are reviewed by wetlands regional permit inspectors. For more information on emergency authorizations, please consult our Wetlands Emergency Authorizations fact sheet.
UPDATE HIGHLIGHTS – OCT. 13, 2023
- Mitigation hierarchy removal. Permit applicants are not required to prove there are no local mitigation options before opting for in-lieu fee option.
- Greater Wetlands Permit by Notification (PBN) form accessibility and ease of use. The form has been shortened from ten (printed) pages down to seven.
- The PBN form also includes three new project categories:
- Temporary tier 1 or tier 2 stream crossings (one only) impacting less than 50 linear feet of stream channel.
- Minimum impact, single lot, residential driveways (one only).
- Minimum impact pond maintenance.
For more information on “Lower Scrutiny Approvals” see Env-Wt 309 or read the full adopted rules.
SPECIAL NOTE ON PBNs
NHDES will review wetlands Permit By Notification (PBN) applications within 10 calendar days (Env-Wt 309.08(a)), with two exceptions:
- Applicants are strongly encouraged to include a signed written waiver of intervention from their conservation commission. If they do not, assigned staff will review PBN applications within 25 days.
- Applicants are strongly encouraged to include a signed written waiver of intervention from their river management advisory committee, if applicable. If they do not, assigned staff will review PBN applications within 25 days.
It is possible you may need to refresh your browser window to access and download the latest updated versions of wetland permit application forms.
Latest News
More Than $5.5 Million Available for Wetland and Stream Restoration
$258,285 awarded from Aquatic Resource Mitigation Fund to restore and protect aquatic resources in Hillsborough
Over $200,000 Awarded from Aquatic Resource Mitigation Funds for Dam Removal and Partial Restoration of Brennan Brook in Francestown
$300,000 Awarded from Aquatic Resource Mitigation Funds to Protect and Conserve Prime Wetlands in the Town of Goffstown
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Contact Us:
NHDES Wetlands Bureau
Concord: (603) 271-2147
Portsmouth: (603) 559-1500
Fax: (603) 271-6588