CHAPTER 285
HB 722 – FINAL VERSION
27Mar2007… 0811h
05/31/07 1774s
13Jun2007… 2142eba
2007 SESSION
08/10
HOUSE BILL 722
AN ACT relative to the rivers management protection program.
SPONSORS: Rep. O'Connell, Hills 6; Rep. Powers, Rock 16; Sen. Hassan, Dist 23
COMMITTEE: Resources, Recreation and Development
This bill includes watershed areas in planning for river management.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
27Mar2007… 0811h
05/31/07 1774s
13Jun2007… 2142eba
07-0912
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to the rivers management protection program.
Be it Enacted by the Senate and House of Representatives in General Court convened:
285:1 Rivers Coordinator. Amend RSA 483:3 to read as follows:
483:3 Rivers Coordinator. There is established in the [office of planning,] department of environmental services, a state rivers coordinator, who shall be a classified employee qualified by reason of education and experience, and who shall administer the New Hampshire rivers management and protection program.
285:2 Rivers Management Advisory Committee; Representative from the New Hampshire Municipal Association. Amend RSA 483:8, I(b) to read as follows:
(b) [An elected] A municipal officer nominated by the New Hampshire Municipal Association.
285:3 New Subparagraph; Rivers Management Advisory Committee. Amend RSA 483:8, I by inserting after subparagraph (j) the following new subparagraph:
(k) A representative of local river management advisory committees from a list of 3 nominees submitted by the commissioner.
285:4 Rivers Management Advisory Committee. Amend RSA 483:8, II to read as follows:
II. The director of the office of energy and planning, the executive director of the fish and game department, the commissioner of resources and economic development, the commissioner of the department of transportation, and the commissioner of the department of agriculture, markets, and food or their designees shall serve as nonvoting members of the committee.
285:5 Local River Management Advisory Committees; Duties. Amend RSA 483:8-a, III(a) to read as follows:
(a) To advise the commissioner, the advisory committee, and the municipalities through which the designated river or segment flows on matters pertaining to the management of the river or segment. Municipal officials, boards, and agencies shall inform such committees of actions which they are considering in managing and regulating activities within designated [rivers] river corridors.
285:6 New Paragraph; Rivers Corridor Management Plans. Amend RSA 483:10 by inserting after paragraph II the following new paragraph:
III. River corridor management plans developed according to this section may include tributary drainage areas as determined by the local river management advisory committee
285:7 Long-Range River Management Plans. Amend RSA 483:10-a to read as follows:
483:10-a Long-Range River Management Plans. The department shall prepare and adopt a long-range comprehensive plan for each designated river or segment which shall address the management and protection of instream values and the management of state-owned lands within the corridor and tributary drainage areas thereof. Such state-owned land within the designated river corridor and tributary drainage areas shall be administered and managed in accordance with the plan, and state management of fisheries, streams, waters, wildlife, and boating shall be consistent with the plan. In developing this plan, the department shall cooperate with the department of resources and economic development, the department of fish and game, the office of energy and planning, the department of agriculture, markets, and food, the department of transportation, and the local rivers management advisory committee.
285:8 Notification of Rivers Coordinator. Amend RSA 483:12-a to read as follows:
483:12-a State Action; Notification of Rivers Coordinator; Petition for Review.
I. Any state agency considering any action affecting any river or segment designated under this chapter shall notify the rivers coordinator prior to taking any such action. Such agency shall forward to the rivers coordinator for review and comment copies of all notices of public hearings, or, where a public hearing is not required, a copy of the application for issuance of a permit, certificate, or license within the designated river or corridor under RSA 485-C, RSA 485-A, RSA 483-B, RSA 12-E, RSA 270:12, RSA 482, RSA 482-A, RSA 149-M, or RSA 147-A. If an agency is notified by the rivers coordinator that a proposed activity would violate a protection measure under RSA 483:9, 483:9-a, 483:9-aa, or 483:9-b, such agency shall deny the application.
I-a. The rivers coordinator shall develop, in conjunction with affected state agencies and local river management advisory committees, the procedure by which the state shall notify the appropriate local river management advisory committee when state action is being considered which affects a designated river.
II. If an application is denied solely because the proposed activity would violate a protection measure under RSA 483:9, 483:9-a, 483:9-aa, or 483:9-b, the applicant may petition the commissioner for a review. Within 30 days of receiving such a petition, the commissioner, in consultation with the advisory committee and the appropriate local rivers management advisory committee, shall review the application. If the commissioner determines that the proposed activity is consistent with the character of the designated river or segment or that the proposed activity would provide a public benefit sufficient to outweigh the public benefit of a protection measure under this chapter, the commissioner shall submit to the speaker of the house and the president of the senate a recommendation that the proposed activity be allowed to proceed. Such recommendation shall require review and approval by the general court and shall be filed as a bill in the next legislative session following the petition.
285:9 Lakes Management Advisory Committee. Amend RSA 483-A:6, II(d) to read as follows:
(d) [An elected] A municipal officer of a lakefront community nominated by the New Hampshire Municipal Association.
285:10 Repeal. RSA 483:4, XV, relative to a definition of office of planning, is repealed.
285:11 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 3, 2007
Effective: September 1, 2007