RSA 489:9 Waivers.

I. No waiver from any affected program's requirement in rule or statute shall be granted unless the applicant requesting the waiver demonstrates that:
(a) There will be no substantial loss of wetland functions and values;
(b) Water quality will be protected to the maximum extent practicable and in compliance with the anti-degradation requirements of the federal Clean Water Act and departmental rules; and
(c) A superior overall environmental outcome will be achieved or an equivalent overall environmental outcome at reduced cost.
II. The demonstration required by paragraph I shall be made based on project design, mitigation, submission of modeling results, engineering calculations, relevant scientific studies, or such other documentation the applicant believes