Revision: Jan. 11, 2010, midnight
CHAPTER 269
HB 663-FN-A – FINAL VERSION
06Mar2007… 0380h
11Apr2007… 1110h
06/07/07 1672s
2007 SESSION
06/03
HOUSE BILL 663-FN-A
AN ACT relative to the protected shoreland permitting process and establishing and funding positions within the department of environmental services.
COMMITTEE: Resources, Recreation and Development
This bill:
I. Requires a permit prior to construction, excavation, or filling activities within the protected shoreland and establishes a permit application fee.
II. Limits the purposes for which the fee shall be expended.
III. Establishes new positions within the department of environmental services.
IV. Requires the state treasurer to transfer certain funds from the general fund to the wetlands and shorelands review fund.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06Mar2007… 0380h
11Apr2007… 1110h
06/07/07 1672s
07-0520
06/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to the protected shoreland permitting process and establishing and funding positions within the department of environmental services.
Be it Enacted by the Senate and House of Representatives in General Court convened:
269:1 New Section; Permit Required. Amend RSA 483-B by inserting after section 5 the following new section:
483-B:5-a Permit Required; Exemption.
I.(a) No person shall commence construction, excavation, or filling activities within the protected shoreland without obtaining a permit from the department to ensure compliance with this chapter.
(b) The permit application fee shall be $100 plus $.10 per square foot of area affected by the proposed activities and shall be deposited in the wetlands and shorelands review fund established under RSA 482-A:3, III. Such fees shall be capped as follows:
(1) For projects of 0-9,999 square feet, $750.
(2) For projects of 10,000 – 24,999 square feet, $1,875.
(3) For projects of 25,000 square feet or more, $3,750.
II. Timber harvesting operations permitting requirements shall be in accordance with RSA 485-A:17, IV and therefore shall be exempt from the permitting requirement under paragraph I.
III. Construction of public roads, public utility lines and associated structures and facilities, and public water access facilities shall be exempt from the permitting fees of paragraph I.
IV. Impacts in the protected shoreland that receive a permit in accordance with RSA 482-A shall not require a permit under this section.
V.(a) Within 75 days of receipt of an application for a permit the department shall request any additional information required to complete its evaluation of the application, and provide the applicant with any written technical comments the department deems necessary. Any request for additional information shall specify that the applicant submit such information as soon as practicable and notify the applicant that if all of the requested information is not received within 120 days of the request, the department shall deny the application.
(b) When the department requests additional information pursuant to subparagraph (a), the department shall, within 30 days of the department's receipt of the information:
(1) Approve the application and issue a permit;
(2) Deny the application, in whole or in part; or
(3) Extend the time for response for good cause and with the written agreement of the applicant.
(c) Where no request for additional information is made, the department shall, within 75 days of receipt of the application, approve or deny the application, in whole or in part.
269:2 New Paragraph; Rulemaking. Amend RSA 483-B:17 by inserting after paragraph X the following new paragraph:
XI. Procedures and criteria for permitting under RSA 483-B:5-a, including permit by notification and the identification of those activities that may be conducted without obtaining a permit, all consistent with the provisions of this chapter.
269:3 Excavating and Dredging Permit; Certain Exemptions. Amend RSA 482-A:3, III to read as follows:
III. The filing fees collected pursuant to paragraphs I, V(c), XI(h), and XII(c) and RSA 483-B:5-a are continually appropriated to and shall be expended by the department for paying per diem and expenses of the public members of the council, hiring additional staff, reviewing applications and activities relative to the wetlands of the state and protected shorelands under RSA 483-B, conducting field investigations, and holding public hearings. Such fees shall be held by the treasurer in a nonlapsing fund identified as the wetlands and shorelands review fund.
269:4 Application of Receipts. Amend RSA 6:12, I(b)(131) to read as follows:
(131) Moneys deposited in the wetlands and shorelands review fund under RSA 482-A:3, III.
269:5 Positions Established. The department of environmental services may hire up to 6 additional staff positions to implement RSA 483-B and to perform education and outreach. Authorized positions include, at a minimum, 2 environmentalist II and 2 environmental III positions for implementation of RSA 483-B, and one environmentalist II position for education and outreach. Funding for the positions and associated costs shall be drawn from the wetlands and shorelands review fund under RSA 482-A:3, III.
269:6 Funding Transfer and Repayment. The state treasurer shall transfer $375,000 from the general fund to the wetlands and shorelands review fund under RSA 482-A:3, III for the biennium ending June 30, 2009. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated. Notwithstanding any provision of law to the contrary, 1/2 of the permit fees collected under RSA 483-B:5-a shall be deposited in the general fund until such time as the $375,000 is repaid.
269:7 Excavating and Dredging Permit; Reference Deleted. Amend RSA 482-A:3, III to read as follows:
III. The filing fees collected pursuant to paragraphs I, V(c), XI(h), and XII(c), [and RSA 483-B:5-a] are continually appropriated to and shall be expended by the department for paying per diem and expenses of the public members of the council, hiring additional staff, reviewing applications and activities relative to the wetlands of the state and protected shorelands under RSA 483-B, conducting field investigations, and holding public hearings. Such fees shall be held by the treasurer in a nonlapsing fund identified as the wetlands and shorelands review fund.
269:8 Repeal. The following are repealed:
I. RSA 483-B:5-a, I(b), relative to permit application fees.
II. RSA 483-B:5-a, III, relative to exemptions from permit application fees.
269:9 Effective Date.
I. Section 1 of this act shall take effect April 1, 2008.
II. Sections 7-8 of this act shall take effect July 1, 2011.
III. The remainder of this act shall take effect July 1, 2007.
Approved: June 29, 2007
Effective: I. Section 1 shall take effect April 1, 2008.
II. Sections 7-8 shall take effect July 1, 2011.
III. Remainder shall take effect July 1, 2007.