Bill Text - SB241 (2012)

Relative to expiration and extension of terrain alteration permits.


Revision: Dec. 16, 2011, midnight

SB 241 – AS INTRODUCED

2012 SESSION

12-2904

03/09

SENATE BILL 241

AN ACT relative to expiration and extension of terrain alteration permits.

SPONSORS: Sen. Odell, Dist 8; Sen. De Blois, Dist 18; Sen. Groen, Dist 6; Rep. Lovett, Sull 4; Rep. LaCasse, Sull 4

COMMITTEE: Energy and Natural Resources

ANALYSIS

This bill provides that a terrain alteration permit shall be valid for 5 years and authorizes an extension of the permit if the applicant meets specified criteria.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2904

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to expiration and extension of terrain alteration permits.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph; Terrain Alteration; Permit Expiration and Extension. Amend RSA 485-A:17 by inserting after paragraph II-c the following new paragraph:

II-d. All permits issued pursuant to this section 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 an extension of up to 5 additional years, provided the applicant demonstrates all of the following:

(a) The permit for which extension is sought has not been revoked or suspended without reinstatement.

(b) Extension would not violate a condition of statute or rule.

(c) Surface water quality will continue to be protected as under the original permit.

(d) The project is proceeding towards completion in accordance with plans and other documentation referenced by the permit.

(e) If applicable, any inspection reports have been completed and submitted as required by the permit.

(f) The permit has not previously been extended, unless the subdivision plat or site plan associated with the permit has been deemed substantially complete by the governing municipal planning board in accordance with RSA 674:39, II, in which case subsequent extensions of the permit are allowed.

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