CHAPTER 145
HB 1636 – FINAL VERSION
04/25/12 1659s
2012 SESSION
06/04
HOUSE BILL 1636
AN ACT relative to the extension of fill and dredge in wetlands permits.
SPONSORS: Rep. Moran, Hills 18
COMMITTEE: Resources, Recreation and Development
This bill provides that certain fill and dredge in wetlands permits shall expire 10 years from the date the permit was issued.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/25/12 1659s
12-2696
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to the extension of fill and dredge in wetlands permits.
Be it Enacted by the Senate and House of Representatives in General Court convened:
145:1 Excavating and Dredging Permit; Certain Exemptions. Amend RSA 482-A:3, XIV-a to read as follows:
XIV-a.(a) With the exception of permits issued under subparagraph (b), all permits issued pursuant to this chapter shall be valid for a period of 5 years. Requests for extensions of such permits may be made to the department. The department shall grant one extension of up to 5 additional years, provided the applicant demonstrates all of the following:
[(a)] (1) The permit for which extension is sought has not been revoked or suspended without reinstatement.
[(b)] (2) Extension would not violate a condition of law or rule.
[(c)] (3) The project is proceeding towards completion in accordance with plans and other documentation referenced by the permit.
[(d)] (4) The applicant proposes reasonable mitigation measures to protect the public waters of the state from deterioration during the period of extension.
(b) Any permit issued to repair or replace shoreline structures to maintain the integrity and safety of such structures including, but not limited to docks, sea walls, breakwaters, riprap, access ramps and stairs, that are damaged by storms or ice, shall expire 10 years from the date the permit was issued as long as any work performed after the initial permitted work complies with the following:
(1) The work is not in violation of the original permit or subparagraphs (a)(1)-(4).
(2) All structures are repaired or replaced to the original permitted location and configuration.
(3) All significant work is reported to the department in accordance with the reporting requirements for the original permit.
145:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 7, 2012
Effective Date: August 6, 2012