CHAPTER 55
HB 1233 – FINAL VERSION
7Mar2012… 0562h
2012 SESSION
06/05
HOUSE BILL 1233
AN ACT establishing a statute of limitations on wetlands filling and dredging.
SPONSORS: Rep. Merrow, Carr 3; Rep. Mirski, Graf 10; Rep. McConkey, Carr 3; Rep. Babson, Carr 3
COMMITTEE: Resources, Recreation and Development
This bill establishes a statute of limitations for persons who acquire property more than 5 years after an activity creating a violation of wetlands fill and dredge requirements has ended.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
7Mar2012… 0562h
12-2371
06/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT establishing a statute of limitations on wetlands filling and dredging.
Be it Enacted by the Senate and House of Representatives in General Court convened:
55:1 New Section; Limitation on Enforcement Action. Amend RSA 482-A by inserting after section 14-b the following new section:
482-A:14-c Limitation on Enforcement Action. No person who acquires property, by any means, more than 5 years after an activity constituting a violation of this chapter has been completed, shall be subject to an enforcement action under this chapter for such violation, provided such person allows restoration of impacted areas, unless the person knew of the existence of the violation at the time that the person acquired the property. Nothing in this section shall limit any enforcement action for violation of this chapter, including injunctive relief requiring restoration of impacted areas, against the person who committed the violation. Nothing in this section shall limit any enforcement action with respect to any violation of this chapter, including injunctive relief requiring restoration of impacted areas, for which written notice of the violation has been provided to the owner by the department prior to January 1, 2013. In addition to any common law remedy, any person who suffers damages as a result of a violation of this chapter committed by another may seek compensation from the person who committed the violation, including diminution in property value and reasonable attorney’s fees.
55:2 Effective Date. This act shall take effect January 1, 2013.
Approved: May 14, 2012
Effective Date: January 1, 2013