HB 1258 – VERSION ADOPTED BY BOTH BODIES
25Mar2014… 0704h
05/08/14 1637s
2014 SESSION
06/10
HOUSE BILL 1258
AN ACT relative to fill and dredge permitting applications.
SPONSORS: Rep. Chandley, Hills 22
COMMITTEE: Resources, Recreation and Development
This bill modifies the process of submitting dredge and fill applications and providing notification.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25Mar2014… 0704h
05/08/14 1637s
14-2293
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to fill and dredge permitting applications.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Excavating and Dredging Permit; Certain Exemptions. RSA 482-A:3, I is repealed and reenacted to read as follows:
I.(a) No person shall excavate, remove, fill, dredge, or construct any structures in or on any bank, flat, marsh, or swamp in and adjacent to any waters of the state without a permit from the department. Unless otherwise specified in rules adopted by the commissioner pursuant to RSA 482-A:11, any person seeking to obtain a permit shall submit to the department:
(1) A complete application form that has been signed by the town or city clerk of the municipality in which the property is located or, if the property is located in more than one municipality, by the city or town clerk of each such municipality, certifying that the municipality has received 4 copies of the form and attachments as provided in subparagraph (a)(2). The town or city clerk shall send a copy of the form and attachments to the local governing body, the municipal planning board, if any, and the municipal conservation commission, if any, and shall retain one copy to be made reasonably accessible to the public. Applications and fees for projects by agencies of the state may be filed directly with the department, with 4 copies of the application, plan, and map filed at the same time with the town or city clerk.
(2) Such other information as required by rules adopted by the commissioner pursuant to RSA 482-A:11, which may include maps and plans.
(3) A nonrefundable application fee as specified in subparagraphs (b) or (c), as applicable.
(b) The application fee for shoreline structure projects shall be $200 plus an amount based on the area of dredge, fill, or dock surface area proposed, or a combination thereof, which shall be $2 per square foot for permanent dock surface area; $1 per square foot for seasonal dock surface area; and $.20 per square foot for dredge or fill surface area or both. For projects involving only the repair, reconstruction, or reconfiguration of an existing docking structure, the application fee shall be $200.
(c) The application fee shall be $200 for minimum impact dredge and fill projects under this chapter. The application fee for all projects under this chapter which are not covered by subparagraph (b) or (c) or paragraphs IV-a, V, X through XII, XV, XVI, or XVII through XIX shall be $.20 per square foot of proposed impact, with a minimum fee of $200 for all such projects that impact fewer than 1,000 square feet.
(d) At the time the applicant files the application with the department, the applicant shall provide written notice of the proposed project to:
(1) All abutters, as defined in the rules of the department, unless exempted in such rules, which shall be provided by certified mail or other delivery method that provides proof of receipt. The applicant shall retain such receipts and provide copies to the department upon request. The department shall have no obligation to verify the identity of abutters or their receipt of notice. Any abutter who has actual notice of the filing of an application shall have no cause to challenge the application based on failure to receive written notice. Nothing in this subparagraph shall prevent the department from taking appropriate action in the event an applicant fails to provide the required notice or provides false information.
(2) The local river management advisory committee if the project is within a river corridor as defined in RSA 483:4, XVIII, or a river segment designated in RSA 483:15. Such notice shall be sent by certified mail or other delivery method that provides proof of receipt. The applicant shall retain such receipts and provide copies to the department upon request. The local river management advisory committee shall, under RSA 483:8-a, III(a)-(b), advise the commissioner and
consider and comment on the permit application.
(e) Beginning October 1, 2007, the department shall submit an annual report to the house and senate finance committees, the house resources, recreation and development committee, and the senate energy and natural resources committee relative to administration of the wetlands fees permit process established by this section.
2 New Paragraph; Fill and Dredge in Wetlands; Excavating and Dredging Permit; Certain Exceptions. Amend RSA 482-A:3 by inserting after paragraph XIV-a the following new paragraph:
XIV-b. A permit issued under this chapter that is associated with the excavation or mining of construction aggregate materials and quarry stone from the earth shall not expire for the life of the project identified in the permit application, provided that the permit holder submits revised project plans and a written update of the project’s status every 5 years from the date of the permit issuance using a form obtained from the department as specified in department rules. Permitted impacts to aquatic resources shall be postponed until such impacts become necessary for the operation of the excavation or mining area. If there has not been excavation or mining of construction aggregate materials and quarry stone during any 5 year period, the project shall be deemed abandoned and the permit deemed expired. When or if a new proposal to develop the property for a different use is proposed, a new application shall be submitted.
3 Fill and Dredge in Wetlands; Excavating and Dredging Permit; Certain Exceptions. Amend RSA 482-A:3, XVII to read as follows:
XVII. State and municipal public works employees who have fulfilled the requirements of a certification program developed by the department may maintain, repair, replace, or modify culverts up to a maximum diameter of 48 inches, or the hydraulic equivalent, as long as the structure can pass flows from the contributing watershed without causing damage to upstream or downstream properties, and in accordance with best management practices to protect water quality, without prior notification to the department. Federal employees who otherwise meet the requirements of the program developed by the department may maintain, repair, replace, or modify culverts as specified in this paragraph on any land within the state that is owned or managed by the federal government.
4 Effective Date. This act shall take effect upon its passage.