HB 777-FN-A – AS AMENDED BY THE HOUSE
05Apr2007… 0862h
02Jan2008… 2659h
2007 SESSION
08/03
HOUSE BILL 777-FN-A
AN ACT relative to agricultural exemptions from alteration of terrain permitting requirements and penalties for site development.
SPONSORS: Rep. Phinizy, Sull 5
COMMITTEE: Resources, Recreation and Development
This bill:
I. Establishes an agricultural exemption from the alteration of terrain permitting requirements.
II. Establishes a penalty for site development.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05Apr2007… 0862h
02Jan2008… 2659h
07-0057
08/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to agricultural exemptions from alteration of terrain permitting requirements and penalties for site development.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Terrain Alteration; Exemption. 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.
2 New Sections; Agricultural Exemption for Alteration of Terrain; Site Development Penalty. Amend RSA 485-A by inserting after section 17 the following new sections:
485-A:17-a Agricultural Exemption for Alteration of Terrain.
I. Normal agricultural operations shall be exempt from the provisions of RSA 485-A:17.
II. Any project that involves the removal of trees and stumps from lands that are not wetlands and would otherwise require a permit under RSA 485-A:17, I-II or RSA 483-B:6, solely for purposes of conversion to agriculture may be considered normal agricultural operations and, therefor, is exempt from the permitting requirements of RSA 485-A:17 subject to filing prior notification with the department on a form prescribed by the department with complete information. This exemption shall expire one year after its filing with the department.
III. Projects that qualify for this agricultural exemption include those that:
(a) Only involve tree removal and stumping;
(b) Do not significantly alter the characteristics of the terrain in such a manner as to impede the natural runoff or create an unnatural runoff by causing significant contour changes by filling or grading or terracing or both; and
(c) Are necessary for an agricultural operation as defined in RSA 21:34-a and are not intended as a phase towards site development for a different purpose that would be covered by the alteration of terrain requirements.
IV. Exempt projects shall not include projects involving:
(a) Contour changes created by significant filling, grading, and topsoil removal;
(b) The erection of structures not related to agricultural operations; or
(c) Construction of roads not related to agricultural operations.
485-A:17-b Site Development Penalty.
I. The landowner shall pay to the department a penalty as described in paragraph II if, within 6 years of filing the notification under RSA 485-A:17-a, II:
(a) Land use changes from agriculture to any activity other than forestry; or
(b) Changes described in RSA 485-A:17-a, IV occur.
II. The penalty shall be based on the amount of land on which changes described in paragraph I occur, and the following time periods in which the changes took place calculated from the filing date of the notification, and the associated per acre rates with such acre rates to be prorated:
(a) Filing to 2 years - $5,000 per acre;
(b) 2 to 3 years - $4,000 per acre;
(c) 3 to 4 years - $3,000 per acre;
(d) 4 to 5 years - $2,000 per acre; and
(e) 5 to 6 years - $1,000 per acre.
III. The proceeds of any civil penalty levied pursuant to this section shall be placed in a nonlapsing fund held by the treasurer under RSA 482-A:14, III.
IV. The penalties provided for in this section shall be in addition to any other penalties, fines, or enforcement provisions or other requirements of law.
3 Effective Date. This act shall take effect July 1, 2008.
LBAO
07-0057
Amended 04/13/07
HB 777 FISCAL NOTE
AN ACT relative to agricultural exemptions from alteration of terrain permitting requirements and penalties for site development.
FISCAL IMPACT:
The Department of Environmental Services has determined this bill, as amended by the House (Amendment #2007-0862h), will have no fiscal impact on state, county, and local revenue or expenditures.
METHODOLOGY:
The Department of Environmental Services states it is unaware of any land development projects that were initiated under the pretense of an agricultural operation and then subsequently converted for other purposes and therefore subject to the penalties of this bill. The Department anticipates the number of such conversions that may occur that are unknown to the Department is minimal. Due to the limited applicability of this bill it is not anticipated that there will be any fiscal impact.