Revision: Jan. 9, 2023, 4:10 p.m.
2023 SESSION
23-1051.0
08/10
SENATE BILL [bill number]
AN ACT relative to administration of certain wetlands permits by the department of environmental services.
SPONSORS: [sponsors]
COMMITTEE: [committee]
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ANALYSIS
This bill makes various changes to the administration of certain wetlands permits by 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-1051.0
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to administration of certain wetlands permits by the department of environmental services.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Terrain Alteration; Fee For Amendment Request. Amend RSA 485-A:17, II(b) to read as follows:
(b) The department shall charge a non-refundable fee of $500 plus a $.10 fee per square foot [fee] of disturbance associated with the amendment request for each request to amend a permit that requires plans to be reviewed.
2 Terrain Alteration; Extension. Amend RSA 485-A:17, II-b(a) to read as follows:
(a) Within 50 days of receipt of the application, the department shall request any additional information required to complete its evaluation of the application, together with any written technical comments the department deems necessary. Any request for additional information shall specify that the applicant submit such information as soon as practicable and shall notify the applicant that if all of the requested information is not received within 120 days of the request, the department shall deny the application. The department shall grant an extension of this 120 day time period upon the request of the applicant.
3 Permit Required; Cross Reference Changed. Amend the introductory paragraph RSA 483-B:5-b, I(a) to read as follows:
(a) No person shall commence construction, excavation, or filling activities within the protected shoreland without obtaining a permit from the department to ensure compliance with this chapter. Projects which have no impact on water quality and which follow department rules shall qualify for a permit by notification. The owner may proceed with the proposed project immediately upon receipt of written notice from the department that a complete and accepted notification has been received by the department. A notification shall be complete and accepted provided it meets or exceeds all of the minimum standards under RSA [483-B:9] 483-B, includes a notification form signed by the owner of property, the name and address of the property owner, the address of the site on which the work will occur, the name of the jurisdictional waterbody, the tax map and lot number on which the proposed work will occur, plans clearly and accurately depicting the work to be completed relative to the reference line of the jurisdictional waterbody, photographs of the area to be impacted, and identification of those project criteria listed below that would qualify the project for a permit by notification. Such project criteria shall include:
4 Rulemaking; Storage Sheds and Gazebos. Amend RSA 483-B:17, IV to read as follows:
IV. Procedures and criteria for the size and placement of [small] accessory structures [such as storage sheds and gazebos], which are consistent with the intent of this chapter, between the reference line and the primary building line.
5 Excavating and Dredging Permit; Certain Exemptions. Amend RSA 482-A:3, I(a)(1) to read as follows:
(1) A complete application form that has been signed by the town or city clerk of the municipality in which the [property is] impacts to jurisdiction are located or, if the [property is] impacts to jurisdiction are located in more than one municipality, by the city or town clerk of each such municipality, certifying that the municipality has received 4 copies of the form and attachments as provided in subparagraph (a)(2). The town or city clerk shall send a copy of the form and attachments to the local governing body, the municipal planning board, if any, and the municipal conservation commission, if any, and shall retain one copy to be made reasonably accessible to the public. Applications and fees for projects by agencies of the state may be filed directly with the department, with 4 copies of the application, plan, and map filed at the same time with the town or city clerk.