HB452 (2009) Detail

(New Title) designating segments of the Ammonoosuc River into the rivers management and protection program, relative to the consideration of riparian rights in the establishment of instream flows, and relative to an exemption from terrain alteration permitting requirements.


CHAPTER 208

HB 452 – FINAL VERSION

06/03/09 1984s

2009 SESSION

09-0197

06/04

HOUSE BILL 452

AN ACT designating segments of the Ammonoosuc River into the rivers management and protection program, relative to the consideration of riparian rights in the establishment of instream flows, and relative to an exemption from terrain alteration permitting requirements.

SPONSORS: Rep. S. Merrick, Coos 2; Rep. E. Merrick, Coos 2; Rep. Ford, Graf 3; Rep. H. Richardson, Coos 2

COMMITTEE: Resources, Recreation and Development

AMENDED ANALYSIS

This bill:

I. Designates segments of the Ammonoosuc River into the rivers management and protection program.

II. Provides for consideration of riparian rights in the establishment of protected instream flows.

III. Provides an exemption from terrain alteration permitting requirements for certain trail construction operations.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06/03/09 1984s

09-0197

06/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT designating segments of the Ammonoosuc River into the rivers management and protection program, relative to the consideration of riparian rights in the establishment of instream flows, and relative to an exemption from terrain alteration permitting requirements.

Be it Enacted by the Senate and House of Representatives in General Court convened:

208:1 Rivers Designated for Protection. Amend RSA 483:15, XV to read as follows:

XV. Ammonoosuc River:

(a) As a natural river from the Lakes of the Clouds in Sargents Purchase to a point 1.33 miles upstream of Upper Falls in Crawfords Purchase.

(b) As a rural community river from a point 1.33 miles upstream of Upper Falls in Crawfords Purchase to the White Mountain National Forest boundary near Lower Falls in the town of Carroll.

[(a)] (c) As a rural river from the White Mountain National Forest boundary near Lower Falls in Carroll to the Bethlehem-Littleton town line.

[(b)] (d) As a community river from the Bethlehem-Littleton town line to the Littleton-Lisbon town line.

[(c)] (e) As a rural-community river from the Littleton-Lisbon town line to the confluence with Pearl Lake Brook in Lisbon.

[(d)] (f) As a community river from the confluence with the Pearl Lake Brook in Lisbon to the Lisbon-Landaff-Bath town line.

[(e)] (g) As a rural-community river from the Lisbon-Landaff-Bath town line to a point 0.9 miles above the covered bridge in Bath.

[(f)] (h) As a community river from the point 0.9 above the covered bridge in Bath to the confluence with Simonds Brook in Bath.

[(g)] (i) As a rural-community river from the confluence with Simonds Brook in Bath to the confluence with Burton Brook in Bath.

[(h)] (j) As a community river from the confluence with Burton Brook in Bath to the confluence with the Connecticut River in Haverhill.

208:2 Establishment of Instream Flows. Amend RSA 483:9-c, I to read as follows:

I. The commissioner, in consultation with the advisory committee, shall adopt rules under RSA 541-A specifying the standards, criteria, and procedures by which a protected instream flow shall be established and enforced for each designated river or segment. Each protected instream flow shall be established and enforced to maintain water for instream public uses and to protect the resources for which the river or segment is designated, and shall respect riparian interests on each designated river or segment consistent with the purposes of this chapter. Instream public uses shall include the state’s interests in surface waters, including, but not limited to, navigation; recreation; fishing; storage; conservation; maintenance and enhancement of aquatic and fish life; fish and wildlife habitat; wildlife; the protection of water quality and public health; pollution abatement; aesthetic beauty; and hydroelectric energy production.

208:3 New Paragraph; Terrain Alteration. Amend RSA 485-A:17 by inserting after paragraph IV the following new paragraph:

V. Trail construction operations for the purposes of modifying existing biking and walking trails shall be exempt from the provisions of this section. Such operations shall be considered in compliance with this section and shall be issued a general permit by rule provided such operations are implemented by a non-profit organization, municipality, or government entity, are limited to a disturbed area no more than 12 feet in width, and are in accordance with procedures prescribed in the Best Management Practices For Erosion Control During Trail Maintenance and Construction, published by the department of resources and economic development, bureau of trails in 2004.

208:4 Effective Date. This act shall take effect 60 days after its passage.

Approved: July 15, 2009

Effective Date: September 13, 2009