Revision: May 15, 2019, 1:56 p.m.
HB 326 - AS AMENDED BY THE SENATE
20Mar2019... 0672h
05/15/2019 1888s
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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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 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. An existing prime wetland can be expanded to an area less than 50 feet at its narrowest point across and perpendicular to its longitudinal axis if the municipality can demonstrate that its narrower portions provide a significant contribution to the primary wetland functions of the prime wetland. To qualify as a significant contribution, the narrower portions 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. The municipality shall consider any potential adverse effects on the landowner of the narrower portion. 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. 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.
2 Effective Date. This act shall take effect 60 days after its passage.