Amendment 2026-0172h to HB1530 (2026)

Requiring notification of abutters and public review prior to disturbing beaver dams in non-emergency situations.


Revision: Feb. 3, 2026, 11:05 a.m.

Rep. Darby, Hills. 11

Rep. Colby, Merr. 9

January 20, 2026

2026-0172h

07/08

 

 

Amendment to HB 1530-FN

 

Amend RSA 210:9, II-V as inserted by section 1 of the bill by replacing it with the following:

 

II. Notwithstanding paragraph I or any other provision of law or rule, a landowner, the landowner's agent, or any town or municipal or state official or employee, may destroy beaver, completely or partially remove beaver dams, or install one or more flow devices on property under their control to protect property, public highways, public trails, or bridges from damage or submersion. The landowner, [or] property owner, or landowner's agent shall be responsible for maintaining the flow device.  Complete or partial dam removal or the installation or removal of a flow device shall be allowed without a permit under RSA 482-A if machinery does not enter the water and filling or dredging in or adjacent to surface water, wetlands, or their banks does not occur and shall be done in a gradual manner that does not allow a sudden release of impounded water so as to cause erosion, siltation, or a safety hazard downstream.

II-a.(a)  Except in the case of an immediate threat to life or property, no landowner shall completely or partially remove any beaver dam in a shared beaver impoundment without first notifying the conservation commission or local governing body if the municipality does not have a conservation commission in the municipality where such dam or beaver impoundment is located, as well as all abutters at least 30 days prior to any action specified above.

(b)  The conservation commission or governing body if the municipality does not have a conservation commission shall hold a public informational meeting at least 15 days prior to the complete or partial dam removal.  The municipality shall publish a notice of the public informational meeting in 2 public places, and on the municipality's website or by publication in a newspaper of general circulation in the municipality at least 7 days before the time set for the meeting.

(c)  Such notice and public informational meeting are not required when installing a flow device.

(d) Such notice and public informational meeting are not required when the conservation commission or governing body if the municipality does not have a conservation commission receives written notification of agreement for all abutters of the complete or partial dam removal.

II-b.  For purposes of [paragraph II] paragraphs II and II-a, the term "flow device" means one or more fence structures or other combination of fencing and piping used to discourage beaver damming, maintain water flow through an existing beaver dam, or minimize the risk of flooding by preventing the further impoundment of water behind a beaver dam.  The term "beaver impoundment" means a pond or wetland created by beavers building a dam across a stream or waterway.  The term "shared beaver impoundment" means a beaver impoundment that adjoins the property of two or more landowners, as judged by a reasonable person or a beaver impoundment on public property not owned or managed by the state or federal government.  The term "abutter" means a person whose property is located in New Hampshire and adjoins a shared beaver impoundment.

III.  The executive director may require the reporting of beaver taken pursuant to paragraph II by rules made in accordance with RSA 541-A.  

IV.  Skins or unskinned carcasses taken under this section shall be sealed pursuant to RSA 210:8 before such skins or unskinned carcasses are sold or given away.  

V.  The executive director or his or her agents shall provide advice relative to beaver control techniques when requested.

VI.  Nothing in this section shall be construed to restrict the responsibilities to maintain culverts as specified in RSA 236:13.