CHAPTER 276
HB 1484 – FINAL VERSION
05/02/12 1876s
6June2012… 2415CofC
2012 SESSION
04/01
HOUSE BILL 1484
AN ACT relative to fees for state parks and relative to limitations for nonconforming structures located within protected shoreland.
SPONSORS: Rep. L. Ober, Hills 27; Rep. Renzullo, Hills 27; Rep. Taylor, Graf 2; Sen. Odell, Dist 8
COMMITTEE: Resources, Recreation and Development
This bill:
I. Provides that a change to the fees for access to or use of the state park system proposed by the commissioner of the department of resources and economic development shall take effect no later than 60 days after such change is proposed, unless the fee change is denied by the fiscal committee.
II. Adds provisions relating to alterations to nonconforming structures located within protected shoreland.
III. Changes eligibility requirements for free admission to the state park system for members of the armed forces.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/02/12 1876s
6June2012… 2415CofC
12-2702
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to fees for state parks and relative to limitations for nonconforming structures located within protected shoreland.
Be it Enacted by the Senate and House of Representatives in General Court convened:
276:1 Fees for State Park System. Amend the introductory paragraph in RSA 216-A:3-g to read as follows:
216-A:3-g Fees for Park System. The commissioner of the department of resources and economic development, in consultation with the director of parks and recreation, shall establish fees for access to and use of the state park system. The fees approved by the commissioner, after prior approval of the fiscal committee, shall not be subject to the provisions of RSA 541-A, so as to provide the department with the ability to maximize revenues and to adjust fees according to market conditions and trends as is the common practice in private industry. Any change to the fees for access to or use of the state park system proposed by the commissioner shall take effect no later than 60 days after such change is proposed, unless the fee change is denied by the fiscal committee of the general court. Said fees shall be consistent with the following criteria:
276:2 Shoreland Water Quality Protection Act; Nonconforming Structures. Amend RSA 483-B:11, I to read as follows:
I. Except as otherwise prohibited by law or applicable municipal ordinance, nonconforming structures located within the protected shoreland may be repaired, replaced in kind, reconstructed in place, altered, or expanded. Repair, replacement-in kind, or reconstruction in place may alter or remodel the interior design or existing foundation of the nonconforming structure, but shall result in no expansion or relocation of the existing footprint within the waterfront buffer. However, alteration or expansion of a nonconforming structure may expand the existing footprint within the waterfront buffer, provided the structure is not extended closer to the reference line and the proposal or property is made more nearly conforming than the existing structure or the existing conditions of the property. This provision shall not allow for the enclosure, or conversion to living space, of any deck or open porch located between the primary structure and the reference line and within the waterfront buffer.
276:3 New Paragraph; Shoreland Water Quality Protection Act; Nonconforming Structures. Amend RSA 483-B:11 by inserting after paragraph IV the following new paragraph:
V. Notwithstanding paragraphs I and IV, between the primary building line and the reference line, no alteration shall extend the structure closer to the public water, except that a deck or open porch extending a maximum of 12 feet towards the reference line may be added to nonconforming structures erected prior to July 1, 1994.
276:4 Free Admission to State Park System for Members of the Armed Forces. RSA 216-A:3-g, V is repealed and reenacted to read as follows:
V.(a) Upon presentation of military identification, any active member of the armed forces who meets the minimum requirements for satisfactory membership, as defined in federal regulations, shall not be charged a fee for admission to day-use areas of the state park system. In this section, “armed forces” means armed forces as defined in RSA 21:50, II and includes active and reserve members of the New Hampshire national guard.
(b) Any New Hampshire national guard member who retired in pay grade E6 or below shall not be charged a fee for day-use admission to the state park system.
(c) Any fees for the use of enterprise activities as described in paragraph II of this section shall be charged.
276:5 Contingency. If SB 358-FN of the 2012 legislative session becomes law, section 4 of this act shall take effect at 12:02 a.m. on the effective date of SB 358-FN. If SB 358-FN does not become law, section 4 of this act shall take effect upon the passage of this act.
276:6 Effective Date.
I. Section 1 of this act shall take effect 60 days after its passage.
II. Section 4 of this act shall take effect as provided in section 5 of this act.
III. The remainder of this act shall take effect upon its passage.
Approved: June 19, 2012
Effective Date: I. Section 1 shall take effect August 18, 2012.
II. Section 4 shall take effect as provided in section 5.
III. Remainder shall take effect June 19, 2012.