HB560 (2005) Detail

Relative to timber harvesting.


CHAPTER 32

HB 560 – FINAL VERSION

30Mar2005… 0786h

2005 SESSION

05-0613

08/10

HOUSE BILL 560

AN ACT relative to timber harvesting.

SPONSORS: Rep. Dickinson, Carr 1; Rep. Merrow, Carr 3; Rep. Babson, Carr 3; Sen. Gallus, Dist 1; Sen. Johnson, Dist 2

COMMITTEE: Environment and Agriculture

AMENDED ANALYSIS

This bill exempts certain timber harvesting operations from certain environmental laws.

This bill also grants the director of the division of forest and lands the ability prosecute certain violations of law.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

30Mar2005… 0786h

05-0613

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to timber harvesting.

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

32:1 Timber Harvesting; Terrain Alteration Permits. Amend RSA 485-A:17, III to read as follows:

III. Normal agricultural operations shall be exempt from the provisions of this section. The department may exempt other state agencies from the permit and fee provisions of this section provided that each such agency has incorporated appropriate protective practices in its projects which are substantially equivalent to the requirements established by the department under this chapter.

IV. Timber harvesting operations shall be exempt from the fee provisions of this section. [Permits shall be granted for timber harvesting operations provided that the department of revenue administration's intent to cut form is completed.] Timber harvesting operations shall be considered in compliance with this section and shall be issued a permit by rule provided such operations are in accordance with procedures prescribed in the Best Management Practices for Erosion Control on Timber Harvesting Operations in New Hampshire, published by the department of resources and economic development, and provided that the department of revenue administration’s intent to cut form is signed.

32:2 Prosecution Authority. RSA 485-A:22-a is repealed and reenacted to read as follows:

485-A:22-a Cease and Desist Orders; Penalty. The director of the division of forests and lands, department of resources and economic development, or his or her authorized agents, may:

I. Issue a written cease and desist order against any timber operation in violation of this chapter. Any such violation may be enjoined by the superior court, upon application of the attorney general. A person failing to comply with the cease and desist order shall be guilty of a violation.

II. Prosecute any violation of this chapter as a violation. This provision shall not limit the state’s enforcement authority under this chapter.

32:3 Effective Date. This act shall take effect 60 days after its passage.

(Approved: May 10, 2005)

(Effective Date: July 9, 2005)

Links

HB560 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB560 Revision: 9000 Date: Jan. 21, 2010, midnight

Docket