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1 New Section; Shoreland Real Estate Transfer. Amend RSA 483-B by inserting after section 483-B:9 the following new section:
483-B:9-a Shoreland Real Estate Transfer.
I. Prior to the sale, lease, or transfer of any shoreland protected real property, the seller, lessor or transferor, or their agent, shall provide the intended purchasers, lessees or transferees, or their agent, the "minimum standards" document, as published by the shoreland section of the department of environmental services. The buyers, lessees or transferees shall acknowledge by signature that they have read and understood the document.
II. A copy of the signed acknowledgment shall be included in the buyer's closing binder or incorporated by reference into the lease, or in the case of a non-contractual transfer of occupancy, given to the transferees. It shall be inferred that the signatories of the document have full knowledge of the requirements for compliance with the shoreland water quality protection act, as outlined in RSA 483-B.
III. A copy of the signed form shall be sent within 7 days of signing to the shoreland section of the department of environmental services.
IV. Any violation of this section, coupled with any violation of RSA 483-B or the department's rules and regulations regarding shoreland protection by the buyers, lessees or transferees, shall result in a civil penalty against the property owner of $1,000 dollars for a first offense and $2,000 for each subsequent offense. Payment of the civil penalty shall be remitted to the department of environmental services. A civil penalty shall not preclude a judgment in equity or law.
V. If any shoreland requirements are ultimately relaxed or rescinded, those changes shall not be applied retroactively.
2 Effective Date. This act shall take effect January 1, 2025.
Text to be added highlighted in green.
1 New Section; Shoreland Real Estate Transfer. Amend RSA 483-B by inserting after section 483-B:9 the following new section:
483-B:9-a Shoreland Real Estate Transfer.
I. Prior to the sale, lease, or transfer of any shoreland protected real property, the seller, lessor or transferor, or their agent, shall provide the intended purchasers, lessees or transferees, or their agent, the "minimum standards" document, as published by the shoreland section of the department of environmental services. The buyers, lessees or transferees shall acknowledge by signature that they have read and understood the document.
II. A copy of the signed acknowledgment shall be included in the buyer's closing binder or incorporated by reference into the lease, or in the case of a non-contractual transfer of occupancy, given to the transferees. It shall be inferred that the signatories of the document have full knowledge of the requirements for compliance with the shoreland water quality protection act, as outlined in RSA 483-B.
III. A copy of the signed form shall be sent within 7 days of signing to the shoreland section of the department of environmental services.
IV. Any violation of this section, coupled with any violation of RSA 483-B or the department's rules and regulations regarding shoreland protection by the buyers, lessees or transferees, shall result in a civil penalty against the property owner of $1,000 dollars for a first offense and $2,000 for each subsequent offense. Payment of the civil penalty shall be remitted to the department of environmental services. A civil penalty shall not preclude a judgment in equity or law.
V. If any shoreland requirements are ultimately relaxed or rescinded, those changes shall not be applied retroactively.
2 Effective Date. This act shall take effect January 1, 2025.