Revision: Nov. 28, 2023, 11:38 a.m.
HB 1121 - AS INTRODUCED
2024 SESSION
24-2548
08/05
HOUSE BILL 1121
AN ACT relative to creating certain wetlands permit exemptions after a natural disaster or flooding event.
SPONSORS: Rep. Aron, Sull. 4; Rep. Janvrin, Rock. 40; Rep. T. Lekas, Hills. 38; Rep. Wallace, Rock. 8; Rep. J. Harvey-Bolia, Belk. 3; Rep. Creighton, Hills. 30; Rep. Cloutier, Sull. 6; Rep. Buco, Carr. 1; Rep. B. Sullivan, Sull. 1; Sen. Ward, Dist 8; Sen. Avard, Dist 12; Sen. Watters, Dist 4
COMMITTEE: Resources, Recreation and Development
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ANALYSIS
This bill exempts certain land owners from requiring wetlands permits after a natural disaster or flooding event.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2548
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to creating certain wetlands permit exemptions after a natural disaster or flooding event.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Permit Exemptions; Natural Disasters. Amend RSA 482-A:3 by inserting after paragraph XX the following new paragraph:
XXI.(a) A permit shall not be required under this section when a property owner removes a blockage to allow a perennial or seasonal stream to follow its original course after a natural disaster or flooding event, when the course of such perennial or seasonal stream on their property has been altered due to debris buildup caused by rocks, boulders, silt, or plant material and the new course of the perennial or seasonal stream threatens any of the following: property, gardens, field crops, livestock pens, fences, or structures. The property owner shall be exempt for applying for any permit under this section and shall not be subjected to any fines or penalties for work done to clear the debris buildup or blockage in the perennial or seasonal stream. Work shall be completed within 60 days after the natural disaster or flooding event occurs. The property owner shall document the work done and may include photo documentation. Any work done may be done by the property owner or a contractor. If the property owner does the work, the local conservation officer shall be contacted and the local conservation officer may give input regarding the planned work. If the property owner employs a contractor, such contractor shall have experience with, or be familiar with wetland permitting and stream management practices under this chapter.
(b) If the affected area of the perennial or seasonal stream has abutters, the property owner shall contact such abutters to the perennial or seasonal stream and notify them of the problem and the work that is planned to be done to clear debris and restore the course of the perennial or seasonal stream.
(c) If the affected area of the perennial or seasonal stream flows under a municipal bridge then it shall be the responsibility of the municipality to obtain any necessary emergency wetland permits and clear the debris blockage or buildup, and the municipality shall not be exempt from the provisions of this section.
(d) If the affected area of the perennial or seasonal stream flows under a state bridge then it shall be the responsibility of the department of transportation to obtain any necessary emergency wetland permits and clear the debris blockage or buildup, and the department of transportation shall not be exempt from the provisions of this section.
2 Effective Date. This act shall take effect 60 days after its passage.