HB422 (2025) Compare Changes


Unchanged Version

Text to be removed highlighted in red.

1 Penalties; Shoreland Water Quality Protection Act. Amend RSA 483-B:18, III to read as follows:

III. Persons violating the provisions of this chapter, who fail to restore the site to meet the applicable standards of this chapter within one year of receiving notification of a violation by the department, shall be subject to the following:

(a) Upon petition of the attorney general or of the municipality in which the violation occurred, the superior court may levy upon any person violating this chapter a civil penalty in an amount not to exceed $5,000 for each continuing violation. The superior court shall have jurisdiction to restrain a continuing violation of this chapter, and to require remediation.

(b) The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine of up to $5,000 for each offense upon any person who violates this chapter. Rehearings and appeals relating to such fines shall be governed by RSA 541. Imposition of an administrative fine under this section shall not preclude the imposition of further civil penalties under this chapter.

(c) Notwithstanding the $5,000 fine limit in subparagraph (b), the administrative fine for each repeat violation of this chapter may be multiplied by a factor of 2 for every previous violation committed by the person or entity.

2 Effective Date. This act shall take effect January 1, 2026.

Changed Version

Text to be added highlighted in green.

1 Penalties; Shoreland Water Quality Protection Act. Amend RSA 483-B:18, III to read as follows:

III. Persons violating the provisions of this chapter, who fail to restore the site to meet the applicable standards of this chapter within one year of receiving notification of a violation by the department, shall be subject to the following:

(a) Upon petition of the attorney general or of the municipality in which the violation occurred, the superior court may levy upon any person violating this chapter a civil penalty in an amount not to exceed $15,000 for each continuing violation. The superior court shall have jurisdiction to restrain a continuing violation of this chapter, and to require remediation.

(b) The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine of up to $15,000 for each offense upon any person who violates this chapter. Rehearings and appeals relating to such fines shall be governed by RSA 541. Imposition of an administrative fine under this section shall not preclude the imposition of further civil penalties under this chapter.

(c) Notwithstanding the $15,000 fine limit in subparagraph (b), the administrative fine for each repeat violation of this chapter may be multiplied by a factor of 2 for every previous violation committed by the person or entity.

2 Effective Date. This act shall take effect January 1, 2026.