CHAPTER 185
HB 384 – FINAL VERSION
24Mar2009… 0840h
05/13/09 1557s
2009 SESSION
06/04
HOUSE BILL 384
AN ACT relative to forest management permitting in and near prime wetlands, waivers for work near prime wetlands, and utility maintenance work in any wetland.
SPONSORS: Rep. Theberge, Coos 4; Rep. J. Garrity, Rock 6; Rep. Thomas, Coos 4; Rep. Ingersoll, Coos 4; Rep. Sanders, Rock 7; Sen. Gallus, Dist 1; Sen. Odell, Dist 8
COMMITTEE: Resources, Recreation and Development
This bill:
I. Establishes an exemption from the permit process for utility providers for minimum impact activities in or near wetlands.
II. Establishes waivers for work near prime wetlands.
III. Permits the commissioner of the department of environmental services to establish rules relative to the permit process for forest management in and near prime wetlands.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24Mar2009… 0840h
05/13/09 1557s
09-0782
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to forest management permitting in and near prime wetlands, waivers for work near prime wetlands, and utility maintenance work in any wetland.
Be it Enacted by the Senate and House of Representatives in General Court convened:
185:1 New Paragraph; Excavating and Dredging Permit; Certain Exemptions. Amend RSA 482-A:3 by inserting after paragraph XIV the following new paragraph:
XV.(a) Utility providers who maintain and repair existing utility services within existing rights of way under the Best Management Practices Manual for Utility Maintenance in and Adjacent to Wetlands and Waterbodies in New Hampshire published by the department of resources and economic development, and who have complied with subparagraphs (b)-(e) shall satisfy the permitting requirements of this section, including any portion located in or adjacent to a prime wetland, for minimum impact activities as defined by rules adopted by the commissioner.
(b) Appropriate notice to the department shall include the following information:
(1) The name and address of the person, employed by the utility provider responsible for overseeing the maintenance.
(2) A brief written description of the nature of the work to be conducted.
(3) A copy of the appropriate United States Geological Survey topographic map with the locations of the projects indicated.
(c) Appropriate notice to the town clerk of each municipality in which work will occur shall include the name of a utility provider contact and a brief description of the work to be conducted.
(d) A one-time annual filing fee of $200 per town, not to exceed a maximum of $10,000, shall accompany the notice to the department. Such fees shall be held in accordance with paragraph III.
(e) No additional fee shall be required for amendments to the notification as long as additional towns are not included in the amendment. Additional towns included in the amendment shall be subject to an additional fee of $200 per town, not to exceed the annual maximum under subparagraph (d).
185:2 Wetlands; Administrative Provisions. Amend RSA 482-A:11, IV to read as follows:
IV.(a) The department shall not grant a permit with respect to any [activity proposed] project to be undertaken in or 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 a public hearing, if a public hearing is deemed necessary under RSA 482-A:8, that the proposed [activity] project, 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.
(b)(1) A property owner may request from the department a waiver from subparagraph (a), under rules adopted by the department, to perform forest management work and related activities in the forested portion of a prime wetland or its 100-foot buffer. The request for the waiver shall include, but not be limited to:
(A) A sketch of the property depicting the best approximate location of each prime wetland and its 100-foot buffer in which work is proposed and the location of proposed work, including access roads;
(B) A written description of the work to be performed and a copy of the notice of intent to cut, if applicable; and
(C) A list of the prime wetland values as identified by the municipality in designating each prime wetland under RSA 482-A:15.
(2) A waiver shall be issued only when the department is able to determine there will be no significant net loss of wetland values as identified in subparagraph (b)(1)(C) and RSA 482-A:1. If the department determines that the proposed work may cause a significant net loss of wetland values, the department may require the submittal of additional information. The department may place conditions on the waiver that it deems necessary to protect the prime wetland resource and shall set the term of the permit.
(3) At the time that the waiver request is submitted to the department, the applicant shall also submit a copy of the waiver request and all supporting documentation, via certified mail, to the local governing body, the planning board, if any, and the conservation commission, if any, of the municipalities in which any prime wetlands associated with the application are located. Where a prime wetland associated with the application extends into an abutting property, the property owner requesting the waiver shall provide notice to the owner of that abutting property. A waiver shall not be issued by the department prior to 14 days from its receipt of the waiver request. A municipal conservation commission may request an extension on such waiver issuance, not to exceed 14 days.
(4) The department shall adopt rules under RSA 541-A relative to:
(A) The process and criteria for considering and granting waiver requests made pursuant to RSA 482-A:11, IV(b)(1), including:
(i) Methods for determining whether a proposed forest management project may result in a significant net loss of wetland values.
(ii) Conditions that may be placed on a waiver when deemed necessary to protect the prime wetland resource.
(iii) Criteria for granting extensions of waiver issuances pursuant to RSA 482-A:11, IV(b)(3).
(iv) Specified criteria for identifying abutters and subsequent notification.
(B) Filing fees for waiver applications.
(c) A property owner may request a waiver from the department, under rules adopted by the department under RSA 541-A, from the provisions of this chapter to perform work not addressed under subparagraph (b) within a portion of the 100-foot buffer of a prime wetland on his or her property. At the time of the waiver request, the property owner shall notify, by certified mail, the local governing body, the planning board, if any, and the conservation commission, if any, of the municipalities in which the waiver is being sought that a waiver is being sought from the department. Where a buffer associated with the application extends into an abutting property, the property owner requesting the waiver shall provide notice to the owner of that abutting property.
185:3 Local Option; Prime Wetlands. Amend RSA 482-A:15, I to read as follows:
I. Any municipality, by its conservation commission, or, in the absence of a conservation commission, the planning board, or, in the absence of a planning board, the local governing body, may undertake to designate, map, and document prime wetlands lying within its boundaries, or if such areas lie only partly within its boundaries, then that portion lying within its boundaries. For the purposes of this chapter, “prime wetlands” shall mean any areas falling within the jurisdictional definitions of RSA 482-A:3 and RSA 482-A:4 that possess one or more of the values set forth in RSA 482-A:1 and that, because of their size, unspoiled character, fragile condition, or other relevant factors, make them of substantial significance. [Such maps or designations, or both, shall be in such form and to such scale, and shall be based upon such criteria, as are established by the commissioner through rules adopted pursuant to RSA 541-A.] The commissioner shall adopt rules under RSA 541-A relative to the form, criteria, and methods that shall be used to designate, map, and document prime wetlands, determine boundaries in the field, and amend maps and designations once filed and accepted by the department under paragraph II.
185:4 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 13, 2009
Effective Date: September 11, 2009