13:9B-11. Determination of public interest
In determining whether a proposed regulated activity in any freshwater wetland is in the public interest, the department shall consider the following:
a. the public interest in preservation of natural resources and the interest of the property owners in reasonable economic development;
b. the relative extent of the public and private need for the proposed regulated activity;
c. where there are unresolved conflicts as to resource use, the practicability of using reasonable alternative locations and methods, including mitigation, to accomplish the purpose of the proposed regulated activity;
d. the extent and permanence of the beneficial or detrimental effects which the proposed regulated activity may have on the public and private uses for which the property is suited;
e. the quality of the wetland which may be affected and the amount of freshwater wetlands to be disturbed;
f. the economic value, both public and private, of the proposed regulated activity to the general area; and
g. the ecological value of the freshwater wetlands and probable impact on public health and fish and wildlife.
L. 1987, c. 156, s. 11.
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Last modified: October 11, 2016