HB252 (2007) Detail

Relative to exemptions from the permitting process for excavating and dredging.


CHAPTER 211

HB 252-FN – FINAL VERSION

21Mar2007… 0555h

07Jun2007… 2031eba

2007 SESSION

07-0671

08/04

HOUSE BILL 252-FN

AN ACT relative to exemptions from the permitting process for excavating and dredging.

SPONSORS: Rep. Spang, Straf 7; Rep. Beaulieu, Hills 17; Rep. Powers, Rock 16; Rep. Borden, Rock 18; Sen. Hassan, Dist 23

COMMITTEE: Resources, Recreation and Development

AMENDED ANALYSIS

This bill exempts the installation of temporary seasonal docks on lakes or ponds that are not close to areas designated as prime wetlands.

This bill also prohibits the issuance of a permit for activity within 100 feet of a wetland area.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21Mar2007… 0555h

07Jun2007… 2031eba

07-0671

08/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to exemptions from the permitting process for excavating and dredging.

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

211:1 Exemptions from Excavating and Dredging Permit. Amend RSA 482-A:3, IV-a to read as follows:

IV-a. Temporary seasonal docks [constructed] installed on any lake or pond shall be exempt from the permitting requirements of this section, provided that a notification is sent to the department by the owner of property that includes the name and address of [the owner of] the property owner, the municipality, the waterbody, and tax map and lot number on which the proposed dock will be located. To qualify for an exemption under this paragraph, a temporary seasonal dock shall be:

(a) The only docking structure on the frontage;

(b) Constructed to be removed during the non-boating season;

(c) Removed from the lake bed for a minimum of 5 months of each year;

(d) Configured to be narrow, rectangular, and erected perpendicular to the shoreline;

(e) No more than 6 feet wide and no more than 40 feet long if the water body is 1,000 acres or larger, or no more than 30 feet long if the water body is less than 1,000 acres;

(f) Located on a parcel of land that has 75 feet or more of shoreline frontage;

(g) Located at least 20 feet from an abutting property line or the imaginary extension of the property line over the water;

(h) Installed in a manner which requires no modification, regrading, or recontouring of the shoreline, such as installation of a concrete pad for construction of a hinged dock; [and]

(i) Installed in a manner which complies with RSA 483-B; and

(j) Installed in a location that is not in, or adjacent to, an area that has been designated as a prime wetland in accordance with RSA 482-A:15.

211:2 Prime Wetland Setback. Amend RSA 482-A:11, IV to read as follows:

IV. The department shall not grant a permit with respect to any activity proposed to be undertaken in or [adjacent to] within 100 feet of an area mapped, designated and filed as a prime wetland pursuant to RSA 482-A:15 unless the department first notifies the local governing body, the planning board, if any, and the conservation commission, if any, in the municipality within which the wetlands lie, either in whole or in part, of its decision. Any such permit shall not be issued unless the department is able, specifically, to find clear and convincing evidence on the basis of all information considered by the department, and after public hearing, that the proposed activity, either alone or in conjunction with other human activity, will not result in the significant net loss of any of the values set forth in RSA 482-A:1. This paragraph shall not be construed so as to relieve the department of its statutory obligations under this chapter to protect wetlands not so mapped and designated.

211:3 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 25, 2007

Effective: August 24, 2007