Bill Text - HB634 (2013)

Relative to water resource management and protection plans in municipal master plans.


Revision: March 15, 2013, midnight

HB 634 – AS AMENDED BY THE HOUSE

13Mar2013… 0598h

2013 SESSION

13-0618

06/03

HOUSE BILL 634

AN ACT relative to water resource management and protection plans in municipal master plans.

SPONSORS: Rep. Spang, Straf 6; Rep. Beaulieu, Hills 45; Rep. Schlachman, Rock 18; Rep. Borden, Rock 24; Sen. Watters, Dist 4; Sen. Reagan, Dist 17; Sen. Fuller Clark, Dist 21

COMMITTEE: Municipal and County Government

ANALYSIS

This bill permits a municipality:

I. To include in its master plan a local water resource management and protection plan.

II. To adopt ordinances and enter into agreements with other municipalities to develop and implement regional water plans.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13Mar2013… 0598h

13-0618

06/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT relative to water resource management and protection plans in municipal master plans.

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

1 Land Use and Planning; Master Plan; Optional Provisions. Amend RSA 674:2, III(d) to read as follows:

(d) A natural resources section which identifies and inventories any critical or sensitive areas or resources, not only those in the local community, but also those shared with abutting communities. This section provides a factual basis for any land development regulations that may be enacted to protect natural areas. A key component in preparing this section is to [identify any conflicts between] guide the preparation of other elements of the master plan [and natural resources], as well as identify any conflicts with plans of abutting communities. The natural resources section of the master plan may include a local water resources management and protection plan as specified in RSA 674:67 and RSA 674:68.

2 New Subparagraph; Master Plan; Optional Provisions. Amend RSA 674:2, III by inserting after subparagraph (n) the following new subparagraph:

(o) A section which includes a water resource management and protection plan developed in accordance with RSA 674:67 and RSA 674:68.

3 New Subdivision; Water Resources Management and Protection Plans. Amend RSA 674 by inserting after section 66 the following new subdivision:

Water Resources Management and Protection Plans

674:67 Water Resources Management and Protection Plans.

I. A municipality may include in its master plan a local water resource management and protection plan to protect the quantity and quality of water resources. A local water resource and management plan may:

(a) Assess the adequacy of water resources by assessing the quality of the resource as compared to state standards, the amount of water available for consumption in a municipality, the amount of water currently being consumed or displaced in the municipality, and future water use needs based on local, regional, and state planning or population projection studies.

(b) Encourage the integration of comprehensive land use planning with planning for the protection and management of surface and groundwater resources.

(c) Provide statistical and scientific data to support proposed municipal ordinances intended to protect and manage water resources.

II. Local water resources management and protection plans shall be implemented through the adoption and enforcement of municipal ordinances consistent with the plan and through such other measures as are appropriate and legally available to municipal government for the furtherance of the objectives set forth in the plan.

III. Nothing in this subdivision shall be construed to allow municipalities to regulate surface or groundwater withdrawals regulated by the department of environmental services pursuant to RSA 485, RSA 485-C, and RSA 485-A:12, III and IV.

IV. Once a local water resources management and protection plan has been adopted, it shall be placed on file with the department of environmental services. The plan shall be made available to the public upon reasonable request and payment for any costs incurred in the duplication of the report.

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