HB 326 - FINAL VERSION
20Mar2019... 0672h
05/15/2019 1888s
27Jun2019... 2596-CofC
2019 SESSION
19-0555
08/06
HOUSE BILL 326
AN ACT relative to the definition of prime wetland.
SPONSORS: Rep. Grassie, Straf. 11; Rep. Adjutant, Graf. 17
COMMITTEE: Resources, Recreation and Development
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AMENDED ANALYSIS
This bill further defines prime wetland for local protection in fill and dredge permits.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20Mar2019... 0672h
05/15/2019 1888s
27Jun2019... 2596-CofC 19-0555
08/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to the definition of prime wetland.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Prime Wetlands; Definition. Amend RSA 482-A:15, I-a and I-b to read as follows:
I-a. For the purposes of this chapter, "prime wetlands" shall mean any contiguous areas falling within the jurisdictional definitions of RSA 482-A:2, X and RSA 482-A:4 that, because of their size, unspoiled character, fragile condition, or other relevant factors, make them of substantial significance. A prime wetland shall be at least 2 acres in size, excluding those areas described in paragraph I-b, shall not consist of a water body only, shall have at least 4 primary wetland functions within the 2 acre or greater area, one of which shall be wildlife habitat. A prime wetland [, and] shall have a width of at least 50 feet at its narrowest point across and perpendicular to its longitudinal axis.
I-b. A prime wetland may include additional connected narrower wetland areas less than 50 feet at their narrowest point across and perpendicular to their longitudinal axis if the municipality can demonstrate that any such narrower portion provides a significant contribution to the primary wetland functions of the prime wetland. To qualify as a significant contribution, a narrower portion shall contain 4 or more primary wetland functions as defined in RSA 482-A:2, XI and shall not include any man-made structures under RSA 482-A:3, IV(b). The municipality shall consider any potential adverse effects on the landowner from including any narrower portion.
I-c. The boundary of a prime wetland shall coincide, where present, with the upland edge of any wetland, as defined in RSA 482-A:2, X, that is part of the prime wetland. On-site verification of proposed prime wetland boundaries shall be performed where landowner permission is provided.
I-d. For the purposes of this paragraph existing state highway rights-of-way, including associated permanent easements, shall not include prime wetlands or their adjacent buffers.
[I-b.] I-e. The commissioner shall adopt rules under RSA 541-A relative to the form, criteria, and methods that shall be used to designate, map, and document prime wetlands, determine boundaries in the field, and amend maps and designations once filed and accepted by the department under paragraph II.
2 Effective Date. This act shall take effect 60 days after its passage.
VETOED July 29, 2019
Veto Sustained September 18, 2019
| Date | Body | Type |
|---|---|---|
| Feb. 13, 2019 | House | Hearing |
| March 13, 2019 | House | Exec Session |
| House | Floor Vote | |
| March 19, 2019 | House | Floor Vote |
| April 23, 2019 | Senate | Hearing |
| May 15, 2019 | Senate | Floor Vote |
| June 27, 2019 | Senate | Floor Vote |
| June 27, 2019 | Senate | Floor Vote |
| June 27, 2019 | House | Floor Vote |
Sept. 18, 2019: Veto Sustained 09/18/2019: RC 223-160 Lacking Necessary Two-Thirds Vote HJ 21 P. 21
July 29, 2019: Vetoed by Governor Sununu 07/29/2019
June 27, 2019: Enrolled 06/27/2019 HJ 20 P. 56
June 27, 2019: Enrolled (In recess 06/27/2019); SJ 21
June 27, 2019: Conference Committee Report 2596c: Adopted, VV 06/27/2019 HJ 20 P. 32
June 27, 2019: Conference Committee Report # 2019-2596c; RC 16Y-8N, Adopted; 06/27/2019; SJ 21
June 27, 2019: Conference Committee Report Filed, # 2019-2596c; 06/27/2019
June 19, 2019: Conference Committee Meeting: 06/19/2019 09:00 am LOB 305
June 6, 2019: President Appoints: Senators Fuller Clark, Watters, Bradley; (In Recess 06/06/2019); SJ 20
June 6, 2019: Sen. Fuller Clark Accedes to House Request for Committee of Conference, MA, VV; (In recess 06/06/2019); SJ 20
June 6, 2019: Speaker Appoints: Reps. Suzanne Smith, Spang, Grassie, Rung 06/06/2019 HJ 18 P. 41
June 6, 2019: House Non-Concurs with Senate Amendment 1888s and Requests CofC (Rep. Suzanne Smith): MA VV 06/06/2019 HJ 18 P. 41
May 15, 2019: Ought to Pass with Amendment 2019-1888s, RC 16Y-8N, MA; OT3rdg; 05/15/2019; SJ 16
May 15, 2019: Committee Amendment # 2019-1888s, RC 16Y-8N, AA; 05/15/2019; SJ 16
May 15, 2019: Committee Report: Ought to Pass with Amendment # 2019-1888s, 05/15/2019; SC 22
April 23, 2019: Hearing: 04/23/2019, Room 103, SH, 09:45 am; SC 19
March 28, 2019: Introduced 03/28/2019 and Referred to Energy and Natural Resources; SJ 12
March 20, 2019: Ought to Pass with Amendment 2019-0672h: MA RC 212-134 03/20/2019 HJ 11 P. 22
March 20, 2019: Amendment # 2019-0672h: AA VV 03/20/2019 HJ 11 P. 22
: Minority Committee Report: Inexpedient to Legislate
: Majority Committee Report: Ought to Pass with Amendment # 2019-0672h (Vote 13-7; RC)
March 19, 2019: Majority Committee Report: Ought to Pass with Amendment # 2019-0672h for 03/19/2019 (Vote 13-7; RC) HC 16 P. 32
March 13, 2019: Executive Session: 03/13/2019 10:00 am LOB 305
Feb. 13, 2019: Public Hearing: 02/13/2019 01:45 pm LOB 305
Jan. 2, 2019: Introduced 01/02/2019 and referred to Resources, Recreation and Development HJ 2 P. 45