SB627 (2020) Detail

Establishing a dock registration procedure.


SB 627-FN - AS AMENDED BY THE SENATE

 

03/05/2020   0721s

2020 SESSION

20-2929

08/05

 

SENATE BILL 627-FN

 

AN ACT establishing a dock registration procedure.

 

SPONSORS: Sen. Bradley, Dist 3; Sen. Watters, Dist 4; Sen. Giuda, Dist 2; Sen. Feltes, Dist 15; Rep. Suzanne Smith, Graf. 8; Rep. Spang, Straf. 6; Rep. Renzullo, Hills. 37

 

COMMITTEE: Energy and Natural Resources

 

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ANALYSIS

 

This bill establishes a procedure for voluntarily registering docks with the department of environmental services.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/05/2020   0721s 20-2929

08/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT establishing a dock registration procedure.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Excavating and Dredging Permit; Registration for Seasonal Docks.  Amend RSA 482-A:3, I(d)-(e) to read as follows:

(d)  If an owner chooses to voluntarily register existing docking structures, at the time the owner registers the structures with the department, he or she shall also submit a nonrefundable fee of $200.

(e) At the time the applicant files the application with the department, the applicant shall provide written notice of the proposed project to:

(1)  All abutters, as defined in the rules of the department, unless exempted in such rules, which shall be provided by certified mail or other delivery method that provides proof of receipt.  The applicant shall retain such receipts and provide copies to the department upon request.  The department shall have no obligation to verify the identity of abutters or their receipt of notice.  Any abutter who has actual notice of the filing of an application shall have no cause to challenge the application based on failure to receive written notice.  Nothing in this subparagraph shall prevent the department from taking appropriate action in the event an applicant fails to provide the required notice or provides false information.

(2)  The local river management advisory committee if the project is within a river corridor as defined in RSA 483:4, XVIII, or a river segment designated in RSA 483:15.  Such notice shall be sent by certified mail or other delivery method that provides proof of receipt.  The applicant shall retain such receipts and provide copies to the department upon request.  The local river management advisory committee shall, under RSA 483:8-a, III(a)-(b), advise the commissioner and consider and comment on the permit application.

[(e)] (f)  Beginning October 1, 2007, the department shall submit an annual report to the house and senate finance committees, the house resources, recreation and development committee, and the senate energy and natural resources committee relative to administration of the wetlands fees permit process established by this section.

2  Excavating and Dredging Permit; Certain Exemptions.  Amend RSA 482-A:3, IV-a to read as follows:

IV-a.(a)  [Temporary] Seasonal docks [installed on any lake or pond] shall be exempt from the permitting requirements of this section, provided that a notification is sent to the department by the owner of property that includes the name and address of the property owner, a copy of the deed for the property on which the dock is to be installed, the municipality, the waterbody, [and] tax map and lot number on which the proposed dock will be located, and plans of the waterfront and structure to be installed showing that the requirements of this paragraph will be met.   To qualify for an exemption under this paragraph, a [temporary] seasonal dock shall be:

[(a)] (1)  The only docking structure on the frontage;

[(b)] (2)  Constructed to be removed during the non-boating season;

[(c)] (3)  Removed from the lake bed for a minimum of 5 months of each year;

[(d)] (4)  Configured to be narrow, rectangular, and erected perpendicular to the shoreline of a lake or pond or parallel to the bank of a river;

[(e)] (5)  No more than 6 feet wide and no more than 40 feet long if the water body is 1,000 acres or larger, or no more than 30 feet long if the water body is a river or less than 1,000 acres in size;

[(f)] (6)  Located on a parcel of land that has 75 feet or more of shoreline frontage;

[(g)] (7) Located at least 20 feet from an abutting property line or the imaginary extension of the property line over the water;

[(h)] (8)  Installed in a manner which requires no modification, regrading, or recontouring of the shoreline, such as installation of a concrete pad for construction of a hinged dock;

[(i)] (9)  Installed in a manner which complies with RSA 483-B; and

[(j)] (10)  Installed in a location that is not in, or adjacent to, an area that has been designated as a prime wetland in accordance with RSA 482-A:15.

(b)  The repair or replacement of legally existing docking facilities in non-tidal waters shall be exempt from the permitting requirements of this section, provided that the structure has a valid registration filed with the department by the owner of the property, in accordance with RSA 482-A:11, XI, that includes the name and address of the property owner, the municipality, the waterbody, tax map and lot number on which the proposed dock will be located, photographs of all existing structures constructed or installed in the waterbody, and plans of the waterfront and structures to be repaired showing that the requirements of this paragraph will be met.  To qualify for an exemption under this paragraph, the owner of the docking facilities shall provide evidence that the docking structures to be repaired:

(1)  Have been:

(A)  Constructed and maintained in compliance with a permit issued under RSA 482-A or its preceding statutes; or

(B)  Maintained in their current size, location, and configuration since January 1, 2000;

(2)  Were not constructed to make land in public waters;

(3)  Are not subject to RSA 482-A:26; and

(4)  Are not the subject of any municipal or state compliance action or pending civil action.

(c)  Registrations for the repair or replacement of legally existing docking structures shall be effective on the date issued and shall be valid for 5 years or until ownership of the property changes, whichever occurs first.

(d)  Within 10 business days of receipt of a registration filing, the department shall issue a written notice to the property owner stating that the registration has either been accepted and issued a registration number, or rejected.  If the department does not respond within the 10-day period, the property owner or agent may submit to the department a written request for a response.  If the department fails to respond to the written request within an additional 5 days, the property owner or agent shall be deemed to have submitted a complete and qualifying registration and may proceed with the repair or replacement of the legally existing docking structures as presented in the registration filing.  The authorization provided by this subparagraph shall not relieve the applicant of complying with all requirements applicable to the project, including but not limited to requirements established in or under this chapter and RSA 485-A relative to water quality.

(e)  Docking structures registered and maintained in accordance with this section shall be considered to be in compliance with this chapter.

3  New Paragraph; Administrative Provisions.  Amend RSA 482-A:11 by inserting after paragraph X the following new paragraph:

XI.  The commissioner shall adopt rules pursuant to RSA 541-A, establishing registration forms, the registration renewal process, and the display of registration numbers; and the registration process for the installation of seasonal docking structures and the repair or replacement of legally existing docking structures pursuant to RSA 482-A:3, IV-a.

4  Posting of Permits; Display of Registration Numbers.  Amend RSA 482-A:12 to read as follows:

482-A:12  Posting of Permits, Display of Registration Numbers, and Reports of Violations.  Project approval by the department shall be in the form of a permit, a copy of which the applicant shall post in a secured manner in a prominent place at the site of the approved project.  The department shall mail a copy of such permit to the local governing body of the municipality where the project is located.  Any registration number issued by the department pursuant to RSA 482-A:3, IV-a(c) shall be prominently displayed on the lakeward face of the docking structures.  Any person proceeding without a posted permit shall be in violation of this chapter.  All state, county, and local law enforcement officers are directed to be watchful for violations of the provisions of this chapter and to report all suspected violations to the department.

5  Effective Date.  This act shall take effect January 1, 2021.

 

LBAO

20-2929

Amended 3/6/20

 

SB 627-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2020-0721s)

 

AN ACT establishing a dock registration procedure.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

Indeterminable

Indeterminable

Indeterminable

   Expenditures

$0

$0

$0

$0

Funding Source:

  [    ] General            [    ] Education            [    ] Highway           [ X ] Other - Water Resources Fund

 

 

 

 

 

METHODOLOGY:

This bill establishes a procedure for voluntarily registering docks with the Department of Environmental Services.  The Department indicates the bill would establish an optional registration process for all docking structures either built in compliance with a permit or which has been maintained at the same size and in the same location and configuration since January 1, 2000.  The new registration process would allow docking structure owners to repair the structures without going through the current permitting process in RSA 482-A.  Since the Department cannot predict how many individuals may choose to utilize the new voluntary process, the impact on wetland fee restricted revenue is indeterminable.  The Department assumes existing staff and computers would be adapted to implement these changes without additional cost.  There would be no impact on county or local governments.

 

AGENCIES CONTACTED:

Department of Environmental Services

 

Links

SB627 at GenCourtMobile
SB627 Discussion

Action Dates

Date Body Type
Jan. 21, 2020 Senate Hearing
March 5, 2020 Senate Floor Vote

Bill Text Revisions

SB627 Revision: 8221 Date: March 6, 2020, 1:34 p.m.
SB627 Revision: 7955 Date: Jan. 14, 2020, 12:39 p.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and Referred to Energy and Natural Resources; SJ 2
Jan. 21, 2020 Hearing: 01/21/2020, Room 103, SH, 10:15 am; SC 3
March 5, 2020 Committee Report: Ought to Pass with Amendment # 2020-0721s, 03/05/2020; SC 9
March 5, 2020 Committee Amendment # 2020-0721s, AA, VV; 03/05/2020; SJ 5
March 5, 2020 Ought to Pass with Amendment 2020-0721s, MA, VV; OT3rdg; 03/05/2020; SJ 5
March 12, 2020 Introduced 03/12/2020 and referred to Resources, Recreation and Development HJ 8 P. 227
June 30, 2020 Vacated and Laid on Table MA VV 06/30/2020 HJ 10 P. 4
Died on Table