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1 New Section; Evidence of Endangered or Threatened Species. Amend RSA 212-A by inserting after section 14 the following new section:
212-A:14-a Evidence of Endangered or Threatened Species.
I. Any agency or municipal official evaluating the current presence of endangered or threatened species or habitat associated with that species, which may result in the restriction of the use of the land shall provide verifiable evidence of the presence of specific species or habitat before proposing or requiring restrictions on such land. Data gathered by the agency or municipality prior to the proposed restriction shall only be valid for consideration if the property owner gave permission to collect the data or if an administrative search warrant was issued to search the property for such evidence. Current requests to gather data shall require either written landowner permission or an administrative search warrant as described in paragraph II.
II. Current evidence of threatened or endangered species shall include the following:
(a) Written landowner permission to search for specific data or an administrative warrant detailing the critical necessity of data collection.
(b) The name and credentials of the observing official or biologist.
(c) The GPS coordinates of the sighting.
(d) Date and time-stamped photographs of the species on the property.
III. Land use applications shall not require new biodiversity searches as a precondition of application or as a condition of subsequent approval.
2 Effective Date. This act shall take effect 60 days after its passage.
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1 New Section; Evidence of Endangered or Threatened Species. Amend RSA 212-A by inserting after section 14 the following new section:
212-A:14-a Evidence of Endangered or Threatened Species.
I. Any agency or municipal official evaluating the current presence of endangered or threatened species or habitat associated with that species, which may result in the restriction of the use of the land shall provide verifiable evidence of the presence of specific species or habitat before proposing or requiring restrictions on such land. Data gathered by the agency or municipality prior to the proposed restriction shall only be valid for consideration if the property owner gave permission to collect the data or if an administrative search warrant was issued to search the property for such evidence. Current requests to gather data shall require either written landowner permission or an administrative search warrant as described in paragraph II.
II. Current evidence of threatened or endangered species shall include the following:
(a) Written landowner permission to search for specific data or an administrative warrant detailing the critical necessity of data collection.
(b) The name and credentials of the observing official or biologist.
(c) The GPS coordinates of the sighting.
(d) Date and time-stamped photographs of the species on the property.
III. Land use applications shall not require new biodiversity searches as a precondition of application or as a condition of subsequent approval.
2 Effective Date. This act shall take effect 60 days after its passage.