HB1221 (2010) Detail

Relative to excavating and dredging permits.


HB 1221 – AS INTRODUCED

2010 SESSION

10-2545

06/03

HOUSE BILL 1221

AN ACT relative to excavating and dredging permits.

SPONSORS: Rep. J. Day, Rock 13; Rep. Kepner, Rock 15

COMMITTEE: Resources, Recreation and Development

ANALYSIS

This bill requires the department of environmental services to give notice:

I. To abutters concerning excavating and dredging permits, and

II. To persons against whom complaints have been filed for violations.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2545

06/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to excavating and dredging permits.

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

1 Excavating and Dredging Permit; Notification. Amend RSA 482-A:3, I(d)(1) to read as follows:

(1) Provide postal receipts or copies, verifying that abutters, as defined in the rules of the department, and except as further provided in said rules, have been notified by certified mail of the permit application and notice of the right to request a hearing. A postal receipt or copy that verifies submittal of the permit application to the local river management advisory committee, if required under subparagraph (2), shall also be provided. The postal receipts or copies shall be retained by the municipality. The town or city clerk shall immediately sign the application and forward, by certified mail, the application, plan, map, and filing fee to the department. The town or city clerk shall then immediately send a copy of the permit application, plan, [and] map, and notice of the right to request a hearing to the local governing body, the municipal planning board, if any, and the municipal conservation commission, if any, and may require an administrative fee not to exceed $10 plus the cost of postage by certified mail. One copy shall remain with the city or town clerk, and shall be made reasonably accessible to the public. The foregoing procedure notwithstanding, applications and fees for projects by agencies of the state may be filed directly with the department, with 4 copies of the application, plan, and map filed at the same time with the town or city clerk to be distributed as set forth above.

2 Powers of Department. Amend RSA 482-A:6 to read as follows:

482-A:6 Powers of Department.

I. The department may deny the [petition] permit or may require the installation of bulkheads, barriers, or proper retention or containment structures, or both, to prevent subsequent fill runoff back into waters or other protective measures.

II. To perform its duties under this chapter, it shall be lawful for the department, its agents, or its employees to enter upon any lands in the state.

III. Whenever it is found that a wetlands is at immediate risk, or there is a serious potential for immediate risk, from dredging, filling, or other activity in violation of this chapter, the department [may] shall issue an emergency order in writing requiring the immediate cessation of such activity. Any person to whom such an order is directed shall comply immediately, but may request reconsideration and then appeal as provided in RSA 482-A:10.

IV.(a) An investigation into a complaint of a violation filed shall occur within 30 days of the receipt by the department of the complaint. A notification sent by certified mail stating the violation, the remediation required, and the penalty should remediation not be completed within a specified time, shall be included in the notification.

(b) The department [may] shall issue an order to any person in violation of this chapter, a rule adopted under this chapter, or any condition in a permit issued under this chapter to comply with this chapter, the rule, or the permit, and require such remedial measures as may be necessary. An investigation into a complaint of a violation filed shall occur within 30 days of the receipt by the department of the complaint. The department shall send a notification to the person in violation stating the violation, the remediation required, and the penalty that shall be levied should remediation not be carried out within a certain specified time. Any person to whom such an order is directed may request reconsideration and then appeal as provided in RSA 482-A:10.

3 Public Hearing and Comment. Amend RSA 482-A:8 to read as follows:

482-A:8 Public Comment and Hearing. The department shall provide a reasonable opportunity for public comment on proposals under RSA 482-A:3 and shall hold a public hearing for projects with significant impact on the resources protected by this chapter or of substantial public interest or at the written request of an abutter prior to the issuance of a permit. The department shall notify by mail[,] the applicant and the property owner if different, the local governing body of the municipality involved, the planning board, if any, and the municipal conservation commission, if any, of the hearing. Prior to the hearing, the applicant shall provide postal receipts or copies, verifying that abutters have been notified by certified mail of the hearing. The department shall maintain a chronological file of all applications received under RSA 482-A:3, which shall be available for public review during normal business hours. The hearing requirement in this section may not apply to such minor projects and to such minor improvements of the shoreline of those waters subject to the jurisdiction of this chapter as the department may by reasonable rule provide. The hearing requirements of RSA 541-A:30 shall be satisfied by a hearing on reconsideration in accordance with RSA 482-A:10, III.

4 Penalties. Amend RSA 482-A:14, I to read as follows:

I.(a) The department shall investigate any complaint within 30 days of receipt. A complaint may be filed by a citizen, a municipality, or the department. The department shall send a notice to the person in violation which shall state the nature of the complaint, the necessary corrective action, a time limit for the action to be taken, and the penalty for failure to correct. A penalty shall be assessed by the department within 60 days of the violation if corrective action or a plan for corrective action has not been completed.

(b) Whoever recklessly or knowingly fails, neglects, or refuses to comply with this chapter, rules adopted under this chapter, or an order or condition of a permit issued under this chapter, or recklessly or knowingly misrepresents any material fact in connection with any activities regulated or prohibited by this chapter, whether or not the owner of the land in question, shall be guilty of a misdemeanor if a natural person and guilty of a felony if any other person.

5 Penalty. Amend RSA 482-A:27 to read as follows:

482-A:27 Penalty. Any person who violates any provision of RSA 482-A:26 shall be required to remove the structure or portion of the structure constructed, reconstructed, repaired, converted, or modified in violation of said section and shall be subject to the civil, criminal, and other penalties set forth in RSA 482-A:13, 14, and 14-b. The department shall notify such person of the violation within 30 days of learning of the violation. The notice shall include the penalty for the violation. Any criminal fine collected for a violation of RSA 482-A:26 shall accrue to the use of the municipality in which the structure is located.

6 Effective Date.

I. Section 1 of this act shall take effect July 1, 2010 at 12:02 a.m.

II. The remainder of this act shall take effect 60 days after its passage.