Bill Text - HB457 (2005)

Relative to excavating and dredging permit exemptions for water conveyance systems.


Revision: Jan. 21, 2010, midnight

CHAPTER 29

HB 457 – FINAL VERSION

23Mar2005… 0368h

2005 SESSION

05-0293

06/10

HOUSE BILL 457

AN ACT relative to excavating and dredging permit exemptions for water conveyance systems.

SPONSORS: Rep. Infantine, Hills 13; Rep. Hebert, Hills 17; Rep. Hirschmann, Hills 17

COMMITTEE: Resources, Recreation and Development

ANALYSIS

This bill adds the cleaning of man-made water conveyance systems that are used for the commercial or industrial purpose of storing or recycling water to the activities that are not required to get a dredge and fill permit.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23Mar2005… 0368h

05-0293

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to excavating and dredging permit exemptions for water conveyance systems.

Be it Enacted by the Senate and House of Representatives in General Court convened:

29:1 Excavating and Dredging Permit; Certain Exemptions; Water Conveyance Systems for Commercial or Industrial Purposes Added. Amend RSA 482-A:3, IV(b) to read as follows:

(b) Man-made nontidal drainage ditches, culverts, catch basins, and [man-made detention] ponds that have been legally constructed to collect [and] or convey storm water and spring run-off, [and that have been maintained so that wetlands vegetation has not become dominant, or] fire ponds and intake areas of dry hydrants that have been legally constructed to provide water for municipal firefighting purposes as approved by a local fire chief, and man-made water conveyance systems that are used for the commercial or industrial purpose of collecting, conveying, storing, and recycling water, may be cleaned out when necessary to preserve their usefulness without a permit from the department. Such drainage facilities, fire ponds, [or] intake areas of any hydrants, or man-made water conveyance systems may be cleaned out by hand or machine; provided, that the facility is neither enlarged nor extended into any area of wetlands jurisdiction of the department of environmental services, dredged spoils are deposited in areas outside wetlands jurisdiction of the department of environmental services, and wetlands or surface waters outside the limits of the constructed drainage facility, fire pond, [or] intake area of a dry hydrant, or man-made water conveyance system are neither disturbed nor degraded.

29:2 Effective Date. This act shall take effect upon its passage.

(Approved: May 10, 2005)

(Effective Date: May 10, 2005)