Bill Text - HB1233 (2012)

Establishing a statute of limitations on wetlands filling and dredging.


Revision: Dec. 14, 2011, midnight

HB 1233 – AS INTRODUCED

2012 SESSION

12-2371

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

ANALYSIS

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.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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:

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, unless the person knew of the existence of the violation at the time he or she acquired the property. Nothing in this section shall limit any enforcement action for ongoing groundwater contamination, including injunctive relief requiring restoration of impacted areas, against the person committing the violation.

2 Effective Date. This act shall take effect January 1, 2013.