Bill Text - SB368 (2018)

Establishing an exemption from shoreland protection permitting requirements for maintenance and repairs of existing roads and for borings and test wells.


Revision: May 31, 2018, 3:27 p.m.

CHAPTER 123

SB 368 - FINAL VERSION

 

02/22/2018   0656s

2018 SESSION

18-2921

08/10

 

SENATE BILL 368

 

AN ACT establishing an exemption from shoreland protection permitting requirements for maintenance and repairs of existing roads and for borings and test wells.

 

SPONSORS: Sen. Bradley, Dist 3

 

COMMITTEE: Energy and Natural Resources

 

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ANALYSIS

 

This bill establishes an exemption from shoreland protection permitting requirements for maintenance and repairs of existing roads and for borings and test wells.

 

This bill is a request of the department of transportation.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/22/2018   0656s 18-2921

08/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT establishing an exemption from shoreland protection permitting requirements for maintenance and repairs of existing roads and for borings and test wells.

 

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

 

123:1  New Paragraphs; Permit Required; Exemption; Repairs of Existing Roads; Borings and Test Wells.  Amend RSA 483-B:5-b by inserting after paragraph VI the following new paragraphs:

VII.  Maintenance and repair of state roadways undertaken by the department of transportation shall be exempt from the permitting requirements of this chapter, provided such roadway is not expanded.

VIII.  The drilling of geotechnical borings and test wells undertaken by the department of transportation for the purpose of gathering design information shall be exempt from the permitting requirements of this chapter, provided that any vehicles used shall be operated in a manner that minimizes disturbance to the natural woodland buffer; drilling operations shall be managed to avoid impact on water quality; drill holes shall be backfilled with drill spoil or filled with clean material or grout; drill cuttings not used to backfill drill holes shall be removed or stabilized; and equipment shall be operated and maintained to avoid spillage of fluids including, but not limited to, oil, gas, antifreeze, or hydraulic fluids.

IX.  The commissioner of the department of environmental services may enter into a memorandum of agreement with the commissioner of the department of transportation for the construction of new roads, and the maintenance of existing roads, not covered by paragraph VII, provided that the department of transportation has incorporated appropriate protective practices in its projects which are substantially equivalent to the requirements established by the department of environmental services under this chapter.

123:2  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: May 30, 2018

Effective Date: July 29, 2018