Revision: Jan. 7, 2019, 3:16 p.m.
HB 384 - AS INTRODUCED
2019 SESSION
19-0341
06/01
HOUSE BILL 384
AN ACT relative to access to historic burial sites on state-owned land.
SPONSORS: Rep. Abrami, Rock. 19; Rep. Lovejoy, Rock. 36; Rep. Altschiller, Rock. 19
COMMITTEE: Public Works and Highways
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ANALYSIS
This bill permits a municipality to create and maintain a path to a historic burial site on state land within the municipality.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19-0341
06/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to access to historic burial sites on state-owned land.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Cemeteries; Definitions; Historic Burial Site. Amend RSA 289:1 by inserting after paragraph VII the following new paragraph:
VII-a. "Historic burial site" means any land used for interment of human remains where a majority of markers show, or where it is otherwise established, that the majority of burials occurred over 100 years ago.
2 New Section; Access to Historic Burial Sites. Amend RSA 289 by inserting after section 14-b the following new section:
289:14-c Access to Historic Burial Sites.
I. A municipality may create and maintain a path on state-owned land leading to a site deemed by the governing body or heritage commission of the municipality to be a historic burial site.
II. The governing body of the municipality shall hold a public hearing for the purpose of explaining its intent to create the path. At least 14 days prior to the hearing, the governing body shall give notice by publication in a newspaper of general circulation in the municipality, posting in at least 2 public places and, if one exists, on the municipality's website. The municipality shall notify the state agency with jurisdiction over the land, by certified mail, of the date and time of the public hearing.
III. If the plan to create the path is approved by the governing body after the public hearing, the governing body shall notify the state agency having jurisdiction over the land. The governing body and the agency shall agree to the route of the path within 90 days of such notification.
IV. The municipality shall bear the expense of creating and maintaining the path which shall be no more than 5 feet in width. Maintenance of the path shall be accomplished in a manner that does not disturb the soil and does not involve the application of chemicals, except for the eradication of poison ivy.
V. The municipality may, at its expense, place a marker at the trail head indicating the path to the historical burial site. The design of any marker shall be approved by the agency with jurisdiction over the land.
3 Effective Date. This act shall take effect 60 days after its passage.