SB 417 – AS INTRODUCED
2008 SESSION
06/03
SENATE BILL 417
AN ACT relative to changes to the shoreland protection act.
SPONSORS: Sen. Fuller Clark, Dist 24; Rep. Borden, Rock 18; Rep. J. Day, Rock 13; Rep. Grote, Rock 18
COMMITTEE: Energy, Environment and Economic Development
This bill permits the removal of certain trees and saplings in the waterfront buffer.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2771
06/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to changes to the shoreland protection act.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Waterfront Buffer. Amend RSA 483-B:9, V(a)(2)(D)(iii) to read as follows:
(iii) Except as provided under RSA 483-B:9, V(g)(2), if the total tree and sapling score in any 50 foot by 50 foot segment exceeds 50 points, then trees and saplings may be removed as long as the sum of the scores for the remaining trees and saplings in that segment does not total less than 50 points. Trees and saplings may be removed from partial segments provided that the sum of the scores for the remaining trees and saplings in that partial segment is equal to or greater than the proportional point requirement.
2 Impervious Surfaces. Amend RSA 483-B:9, V(g)(2) to read as follows:
(2) The impervious surface area shall not exceed 25 percent provided that in the waterfront buffer, in addition to any other provisions that apply to such area under this chapter, no trees or saplings shall be removed [as provided for in RSA 483-B:9, V(a)(2)(D)(iii)] except dead, diseased, or unsafe trees or saplings, and such restriction is recorded in the chain of title for the property. In addition, if the natural tree and sapling cover in the waterfront buffer does not meet the 50-point minimum score of RSA 483-B:9, V(a)(2)(D) in any segment, then such segment shall be planted, as determined by rule of the department, with native trees, saplings, or natural ground cover in sufficient quantity, type, and location either to meet the minimum score or to provide at least an equivalent level of protection as offered by the minimum score.
3 Effective Date. This act shall take effect January 1, 2009.