Bill Text - HB326 (2019)

Relative to the definition of prime wetland.


Revision: March 21, 2019, 1:39 p.m.

HB 326 - AS AMENDED BY THE HOUSE

 

20Mar2019... 0672h

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

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill further defines prime wetland for local protection in fill and dredge permits.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 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 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, shall not consist of a water body only, shall have at least 4 primary wetland functions, 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, unless it can be demonstrated by the municipality that its narrower portions provide a significant contribution to the primary wetland functions of the prime wetland.  Otherwise 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.  "Prime wetlands" shall not include existing state highway right-of-ways or other jurisdictional areas relating to prime wetlands, including adjacent buffers.

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