Bill Text - SB144 (2011)

Relative to extending certain permits and approvals.


Revision: Feb. 24, 2011, midnight

SB 144 – AS AMENDED BY THE SENATE

02/23/11 0402s

2011 SESSION

11-1026

08/09

SENATE BILL 144

AN ACT relative to extending certain permits and approvals.

SPONSORS: Sen. Carson, Dist 14; Sen. Odell, Dist 8; Rep. B. Patten, Carr 4; Rep. Renzullo, Hills 27

COMMITTEE: Energy and Natural Resources

ANALYSIS

This bill extends certain permits and approvals for subdivision of land, fill and dredge of wetlands, and activities under the comprehensive shoreland protection act.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/23/11 0402s

11-1026

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to extending certain permits and approvals.

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

1 Regulation of Subdivision of Land. Amend RSA 674:39, V to read as follows:

V. Notwithstanding the time limits established in paragraph I, every subdivision plat and site plan approved by the planning board on or after January 1, 2007 and prior to July 1, [2009] 2011 shall be allowed 36 months after the date of approval or until July 1, 2012, whichever is greater, to achieve active and substantial development or building as described in subparagraph I(a) and every subdivision plat and site plan approved by the planning board on or after July 1, 2005 and prior to July 1, [2009] 2011 shall be allowed 6 years after the date of approval to achieve substantial completion of the improvements as described in paragraph II.

2 New Paragraph; Fill and Dredge in Wetlands. Amend RSA 482-A:3 by inserting after paragraph XIV the following new paragraph:

XIV-a. All permits issued pursuant to this chapter shall be valid for a period of 5 years. Requests for extension of said permit may be made to the department pursuant to administrative rules adopted under RSA 482-A:31. Said rules shall provide for one extension of up to 5 additional years, provided the applicant demonstrates all of the following:

(a) The permit for which extension is sought has not been revoked or suspended without reinstatement;

(b) Extension would not violate a condition of law or rule;

(c) The project is proceeding towards completion in accordance with plans and other documentation referenced by the permit; and

(d) The applicant proposes reasonable mitigation measures to protect the public waters of the state from deterioration during the period of extension.

3 New Paragraph; Comprehensive Shoreland Protection Act. Amend RSA 483-B:5-b by inserting after paragraph V the following new paragraph:

VI. All permits issued pursuant to this chapter shall be valid for a period of 5 years. Requests for extension of said permit may be made to the department pursuant to administrative rules adopted under RSA 483-B:17. Said rules shall provide for one extension of up to 5 additional years, provided the applicant demonstrates all of the following:

(a) The permit for which extension is sought has not been revoked or suspended without reinstatement;

(b) Extension would not violate a condition of law or rule;

(c) The project is proceeding towards completion in accordance with plans and other documentation referenced by the permit; and

(d) The applicant proposes reasonable mitigation measures to protect the shorelands and public waters of the state from deterioration during the period of extension.

4 Effective Date. This act shall take effect upon its passage.

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