HB 222 – AS INTRODUCED
2009 SESSION
08/01
HOUSE BILL 222
AN ACT relative to fill and dredge permits in wetlands.
SPONSORS: Rep. Kepner, Rock 15; Rep. Hubbard, Straf 1; Sen. Janeway, Dist 7
COMMITTEE: Resources, Recreation and Development
This bill requires the department of environmental services to consider direct and indirect impacts of project proposals on the 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0810
08/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to fill and dredge permits in wetlands.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Direct Impacts. Amend RSA 482-A:2 by inserting after paragraph I-b the following new paragraph:
I-c. “Direct impacts” means the impacts to wetlands functions and values caused by those portions of a project proposal where fill will be placed in wetlands, or where wetlands will be dredged.
2 New Paragraph; Indirect Impacts. Amend RSA 482-A:2, II-a to read as follows:
II-a. “Indirect impacts” means reasonably foreseeable impacts to the following characteristics and functions of wetlands on or contiguous to the site of a project proposal, caused by those portions of a project proposal located in upland areas:
(a) The ability of the wetlands and associated surface waters to meet and maintain state water quality standards, and to support and maintain a balanced, integrated, and adaptive community of organisms having a species composition, diversity, and functional organization comparable to that of similar natural habitats of the region;
(b) The ability of the wetlands to absorb flood waters and silt and to thereby avoid increased flood damage and silting of associated surface waters;
(c) The provision of habitat, food, and reproduction areas for finfish, crustacea, shellfish and wildlife of importance; and
(d) The recharge or discharge of groundwater.
II-b. “Local governing body” means “local governing body” as defined in RSA 672:6.
3 New Paragraph; Direct Impacts. Amend RSA 482-A:2 by inserting after paragraph VI the following new paragraph:
VI-a. “Project proposals” means proposed development project plans in their entirety, including post-construction uses and operations.
4 New Paragraph; Project Proposals. Amend RSA 482-A:3 by inserting after paragraph I-a the following new paragraph:
I-b. In determining whether to grant, conditionally grant, or deny applications for dredge and fill permits, the department shall consider the direct and indirect impacts of project proposals on the functions and values of wetlands.
5 Effective Date. This act shall take effect 60 days after its passage.