New Hampshire Code of Administrative Rules Ec-Wet - Wetlands Council
Here’s an overview of the New Hampshire Code of Administrative Rules, Title Ec‑Wet governing the Wetlands Council:
📌 Chapter Ec‑Wet 100 – Definitions, Council Structure & Public Info
Covers the basics:
Part Ec‑Wet 101 (Purpose) – Explains the Council’s mission and scope.
Part Ec‑Wet 102 (Definitions) – Defines key terms used in the Council’s rules.
Part Ec‑Wet 103 (Council Organization) – Details membership, appointments, terms, and officer duties. It also establishes the Council’s statutory authority under RSA 21‑O:5‑a VII to adopt its own rules
Part Ec‑Wet 104 (Public Information) – Outlines how Council business (meetings, decisions, etc.) is made available to the public .
This chapter was readopted and renumbered effective December 15, 2021, replacing the former Env‑WtC chapter
⚖️ Chapter Ec‑Wet 200 – Procedural Rules
Sets the process for hearings, appeals, and rulemaking petitions:
Part Ec‑Wet 201 (General Procedures) – Governs notices, service of process, prehearing conferences, and evidence handling
Part Ec‑Wet 202 (Rulemaking Petitions & Rulings) – Describes how individuals may petition the Council to adopt, amend, or repeal rules
Part Ec‑Wet 203 (Hearings & Appeals) – Specifies how hearings are conducted, including how evidence is admitted (e.g., Ec‑Wet 203.14(a) on relevance criteria)
🧾 Council Responsibilities (Ec‑Wet 103.02)
Under Ec‑Wet 103.02, the Wetlands Council must:
Advise the Commissioner of DES on policies, planning, and public education related to wetlands and protected shorelands
Hear administrative appeals under RSA 482‑A (§wetlands) and RSA 483‑B (shoreland protection), resolving factual disputes
Review proposed DES rules concerning wetlands/shorelands and raise written objections within 15 days
Adopt its own procedural rules under RSA 541‑A (the NH Administrative Procedure Act) .
Approve mitigation fund disbursements from the Aquatic Resource Compensatory Mitigation Fund (RSA 482‑A:29)
Perform other functions assigned by statute
📝 What This Means
Public Rulemaking: The Council accepts petitions from any person to initiate rule changes.
Advisory Role: It provides ongoing guidance to DES on wetlands policy, planning, and education.
Quasi‑Judicial Functions: Acts as an administrative appeals tribunal for wetland/shoreland permitting disputes.
Fund Oversight: Has financial oversight on mitigation fund allocations.
Procedural Governance: Defines its procedural framework for transparency, notices, hearings, and decision-making.
✅ Where to Find the Rules
Official PDF of Chapters Ec‑Wet 100 & 200 via NH DES
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