Bill Details - HB326 (2019)

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

Docket

Date Status
Jan. 2, 2019 Introduced 01/02/2019 and referred to Resources, Recreation and Development HJ 2 P. 45
Feb. 13, 2019 Public Hearing: 02/13/2019 01:45 pm LOB 305
March 13, 2019 Executive Session: 03/13/2019 10:00 am LOB 305
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
Minority Committee Report: Inexpedient to Legislate
March 20, 2019 Amendment # 2019-0672h: AA VV 03/20/2019 HJ 11 P. 22
March 20, 2019 Ought to Pass with Amendment 2019-0672h: MA RC 212-134 03/20/2019 HJ 11 P. 22
March 28, 2019 Introduced 03/28/2019 and Referred to Energy and Natural Resources; SJ 12
April 23, 2019 Hearing: 04/23/2019, Room 103, SH, 09:45 am; SC 19
May 15, 2019 Committee Report: Ought to Pass with Amendment # 2019-1888s, 05/15/2019; SC 22
May 15, 2019 Committee Amendment # 2019-1888s, RC 16Y-8N, AA; 05/15/2019; SJ 16
May 15, 2019 Ought to Pass with Amendment 2019-1888s, RC 16Y-8N, MA; OT3rdg; 05/15/2019; SJ 16
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
June 6, 2019 Speaker Appoints: Reps. Suzanne Smith, Spang, Grassie, Rung 06/06/2019 HJ 18 P. 41
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 President Appoints: Senators Fuller Clark, Watters, Bradley; (In Recess 06/06/2019); SJ 20
June 19, 2019 Conference Committee Meeting: 06/19/2019 09:00 am LOB 305
June 27, 2019 Conference Committee Report Filed, # 2019-2596c; 06/27/2019
June 27, 2019 Conference Committee Report # 2019-2596c; RC 16Y-8N, Adopted; 06/27/2019; SJ 21
June 27, 2019 Conference Committee Report 2596c: Adopted, VV 06/27/2019
June 27, 2019 Enrolled (In recess 06/27/2019); SJ 21
June 27, 2019 Enrolled 06/27/2019
July 29, 2019 Vetoed by Governor Sununu 07/29/2019

Action Dates

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

Bill Text Revisions

HB326 Revision: 4531 Date: Dec. 31, 2018, 10:07 a.m.
HB326 Revision: 5637 Date: March 21, 2019, 1:39 p.m.
HB326 Revision: 5974 Date: May 15, 2019, 1:56 p.m.
HB326 Revision: 6477 Date: June 27, 2019, 3:14 p.m.
HB326 Revision: 6660 Date: Aug. 6, 2019, 9:58 a.m.