HB1402 (2018) Detail

Relative to ordinances regarding forestry activities.


CHAPTER 179

HB 1402 - FINAL VERSION

 

 

2018 SESSION

18-2287

06/10

 

HOUSE BILL 1402

 

AN ACT relative to ordinances regarding forestry activities.

 

SPONSORS: Rep. Chandler, Carr. 1; Rep. Pearl, Merr. 26; Rep. Leishman, Hills. 24; Rep. Richardson, Coos 4; Rep. Theberge, Coos 3; Sen. Giuda, Dist 2; Sen. Ward, Dist 8; Sen. French, Dist 7; Sen. Avard, Dist 12; Sen. Bradley, Dist 3

 

COMMITTEE: Municipal and County Government

 

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ANALYSIS

 

This bill requires municipalities to minimize any adverse effects to forestry activities when adopting ordinances.

 

This bill also prohibits municipalities from adopting ordinances that deal solely with forestry which adversely affect forestry activities.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2287

06/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to ordinances regarding forestry activities.

 

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

 

179:1  New Section; Powers of City Councils; Bylaws and Ordinances; Forestry Activities.  Amend RSA 47 by inserting after section 17 the following new section:

47:17-a  Ordinances Affecting Forestry Activities.

I.  In this section, "forestry activities" means developing, caring for, or cultivating forests; timber harvesting; silviculture; and customary management and supporting activities.

II.  Before enacting any ordinance, bylaw, rule, or other regulatory provision that is likely to affect forestry activities, a municipality shall consider the possible adverse effects on forestry activities and take any steps that are reasonably available to minimize such effects.

III.  No municipality shall enact any ordinance, bylaw, rule, or other regulatory provision that applies only to forestry activities which adversely affects such activities.  Nothing in this paragraph shall limit a municipality's authority to regulate forestry activities under duly adopted land use ordinances and regulations, subject to the protections of RSA 672:1, III-c, RSA 674:1, VI, and RSA 674:32-a through 674:32-d.

179:2  New Section; Powers and Duties of Towns; Power to Make Bylaws; Forestry Activities.  Amend RSA 31 by inserting after section 39-d the following new section:

31:39-e  Bylaws Affecting Forestry Activities.

I.  In this section, "forestry activities" means developing, caring for, or cultivating forests; timber harvesting; silviculture; and customary management and supporting activities.

II.  Before enacting any ordinance, bylaw, rule, or other regulatory provision that is likely to affect forestry activities, a municipality shall consider the possible adverse effects on forestry activities and take any steps that are reasonably available to minimize such effects.

III.  No municipality shall enact any ordinance, bylaw, rule, or other regulatory provision that applies only to forestry activities which adversely affects such activities.  Nothing in this paragraph shall limit a municipality's authority to regulate forestry activities under duly adopted land use ordinances and regulations, subject to the protections of RSA 672:1, III-c, RSA 674:1, VI, and RSA 674:32-a through 674:32-d.

179:3  Effective Date.  This act shall take effect upon its passage.

 

Approved: June 08, 2018

Effective Date: June 08, 2018

Links

HB1402 at GenCourtMobile

Action Dates

Date Body Type
Jan. 24, 2018 House Hearing
Jan. 30, 2018 House Exec Session
House Floor Vote
Feb. 7, 2018 House Floor Vote
April 10, 2018 Senate Hearing
April 19, 2018 Senate Floor Vote
April 19, 2018 Senate Floor Vote
May 3, 2018 Senate Floor Vote
April 26, 2018 Senate Floor Vote
May 2, 2018 Senate Floor Vote
May 2, 2018 Senate Floor Vote
May 3, 2018 Senate Floor Vote

Bill Text Revisions

HB1402 Revision: 4094 Date: June 12, 2018, 10:14 a.m.
HB1402 Revision: 3789 Date: May 7, 2018, 11:15 a.m.
HB1402 Revision: 1924 Date: Nov. 6, 2017, 10:31 a.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Municipal and County Government HJ 1 P. 9
Jan. 24, 2018 Public Hearing: 01/24/2018 02:30 PM LOB 301
Jan. 30, 2018 Executive Session: 01/30/2018 11:00 AM LOB 301
Committee Report: Ought to Pass (Vote 17-0; CC)
Feb. 7, 2018 Committee Report: Ought to Pass for 02/07/2018 (Vote 17-0; CC) HC 5 P. 14
Feb. 8, 2018 Ought to Pass: MA VV 02/08/2018 HJ 3 P. 11
Feb. 15, 2018 Introduced 02/15/2018 and Referred to Energy and Natural Resources; SJ 5
April 10, 2018 Hearing: 04/10/2018, Room 103, SH, 09:30 am; SC 16
April 19, 2018 Committee Report: Ought to Pass, 04/19/2018; SC 17
May 3, 2018 Special Order to 05/03/2018, Without Objection, MA; 04/19/2018 SJ 13
May 3, 2018 Committee Report: Ought to Pass, 05/03/2018; SC 19
May 2, 2018 Special Order to 05/02/2018, Without Objection, MA; 04/26/2018 SJ 14
May 2, 2018 Committee Report: Ought to Pass, 05/02/2018; SC 19
May 3, 2018 Special Order to 05/03/2018, Without Objection, MA; 05/02/2018 SJ 15
May 3, 2018 Committee Report: Ought to Pass, 05/03/2018;
May 3, 2018 Ought to Pass: MA, VV; OT3rdg; 05/03/2018; SJ 16
May 10, 2018 Enrolled (In recess 05/10/2018); SJ 18
May 10, 2018 Enrolled 05/10/2018
June 8, 2018 Signed by Governor Sununu 06/08/2018; Chapter 179; Eff. 6/8/2018