Text to be removed highlighted in red.
125:1 Protection of Beaver; Flow Devices. Amend RSA 210:9, II and II-a to read as follows:
II. Notwithstanding paragraph I or any other provision of law or rule of the executive director or the department of environmental services, a landowner, the landowner's agent, or any town or municipal or state official or employee, may destroy beaver, remove beaver dams, or install beaver pipes or beaver fences on property under their control to protect property, public highways, or bridges from damage or submersion. dam removal shall be allowed without a permit under RSA 482-A if machinery does not enter the water and filling or dredging in or adjacent to surface water, wetlands, or their banks does not occur. Removal shall be done in a gradual manner that does not allow a sudden release of impounded water so as to cause erosion, siltation, or a safety hazard downstream.
II-a. For purposes of paragraph II, the term "beaver pipes" means no more than 3 temporary structures with the widest dimension no larger than 15 inches that is placed in a beaver dam to allow water passage to maintain a specific water surface elevation, and the term "beaver fences" means posts and fencing installed at culverts in such a manner as to either encourage or discourage beaver damming against the fence .
125:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 25, 2019
Effective Date: August 24, 2019
Text to be added highlighted in green.
125:1 Protection of Beaver; Flow Devices. Amend RSA 210:9, II and II-a to read as follows:
II. Notwithstanding paragraph I or any other provision of law or rule , a landowner, the landowner's agent, or any town or municipal or state official or employee, may destroy beaver, remove beaver dams, or install one or more flow devices on property under their control to protect property, public highways, or bridges from damage or submersion. The landowner or property owner shall be responsible for maintaining the flow device. Complete or partial dam removal or the installation or removal of a flow device shall be allowed without a permit under RSA 482-A if machinery does not enter the water and filling or dredging in or adjacent to surface water, wetlands, or their banks does not occur and shall be done in a gradual manner that does not allow a sudden release of impounded water so as to cause erosion, siltation, or a safety hazard downstream.
II-a. For purposes of paragraph II, the term " flow device" means one or more fence structures or other combination of fencing and piping used to discourage beaver damming, maintain water flow through an existing beaver dam, or minimize the risk of flooding by preventing the further impoundment of water behind a beaver dam .
125:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 25, 2019
Effective Date: August 24, 2019