Bill Text - HB1636 (2012)

Relative to the extension of fill and dredge in wetlands permits.


Revision: Dec. 23, 2011, midnight

HB 1636 – AS INTRODUCED

2012 SESSION

12-2696

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

ANALYSIS

This bill provides that certain fill and dredge in wetlands permits shall not expire.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2696

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:

1 Excavating and Dredging Permit; Certain Exemptions. Amend RSA 482-A:3, XIV-a to read as follows:

XIV-a.(a) [All] Subject to subparagraph (b), 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[(a)] (1) The permit for which extension is sought has not been revoked or suspended without reinstatement.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) No permit issued to repair, replace, or shore up property that is regularly affected by storms and ice, including but not limited to docks, sea walls, access to ramps and stairs, protective rip rap, and stone walls, in order to maintain the integrity and safety of such property, shall expire as long as it is not in violation of subparagraphs (a)(1) and (a)(2).

2 Effective Date. This act shall take effect 60 days after its passage.