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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
| 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 |
June 8, 2018: Signed by Governor Sununu 06/08/2018; Chapter 179; Eff. 6/8/2018
May 10, 2018: Enrolled 05/10/2018
May 10, 2018: Enrolled (In recess 05/10/2018); SJ 18
May 3, 2018: Ought to Pass: MA, VV; OT3rdg; 05/03/2018; SJ 16
May 3, 2018: Committee Report: Ought to Pass, 05/03/2018;
May 3, 2018: Special Order to 05/03/2018, Without Objection, MA; 05/02/2018 SJ 15
May 2, 2018: Committee Report: Ought to Pass, 05/02/2018; SC 19
May 2, 2018: Special Order to 05/02/2018, Without Objection, MA; 04/26/2018 SJ 14
May 3, 2018: Committee Report: Ought to Pass, 05/03/2018; SC 19
May 3, 2018: Special Order to 05/03/2018, Without Objection, MA; 04/19/2018 SJ 13
April 19, 2018: Committee Report: Ought to Pass, 04/19/2018; SC 17
April 10, 2018: Hearing: 04/10/2018, Room 103, SH, 09:30 am; SC 16
Feb. 15, 2018: Introduced 02/15/2018 and Referred to Energy and Natural Resources; SJ 5
Feb. 8, 2018: Ought to Pass: MA VV 02/08/2018 HJ 3 P. 11
: 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
Jan. 30, 2018: Executive Session: 01/30/2018 11:00 AM LOB 301
Jan. 24, 2018: Public Hearing: 01/24/2018 02:30 PM LOB 301
Jan. 3, 2018: Introduced 01/03/2018 and referred to Municipal and County Government HJ 1 P. 9