hb 1148

CHAPTER 243

HB 1148 – FINAL VERSION

AN ACT defining a wetland for the purpose of fill and dredge in wetlands and for local land use planning, relative to the wetlands council appeal process, relative to Smith Pond in Enfield, and relative to site plan review of certain trails.

SPONSORS: Rep. Camm, Rock 79

I. Defines “wetlands” for purposes of RSA 482-A, fill and dredge in wetlands, and for local land use planning and regulation.

II. Establishes a criterion for timely filing of an appeal to the wetlands council.

III. Authorizes the department of environmental services to undertake repairs to the dam and dikes impounding Smith Pond in Enfield to the extent that funding for such work is available from outside the department. The department shall first obtain consent from the dam management review committee.

IV. Exempts trails for snow travelling vehicles from site plan review by a planning board.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

Be it Enacted by the Senate and House of Representatives in General Court convened:

243:1 New Paragraph; Definitions; Wetlands. Amend RSA 482-A:2 by inserting after paragraph IX the following new paragraph:

X. “Wetlands” means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

243:2 New Subdivision; Wetlands. Amend RSA 674 by inserting after section 54 the following new subdivision:

674:55 Wetlands. Wherever the term “wetlands,” whether singular or plural, is used in regulations and ordinances adopted pursuant to this chapter, such term shall be given the meaning in RSA 482-A:2, X and the delineation of wetlands for purposes of such regulations and ordinances shall be as prescribed in rules adopted under RSA 482-A. Nothing in this subdivision shall be construed to limit the powers otherwise granted under this chapter for municipalities to plan land use and enact regulations based on consideration of environmental characteristics, vegetation, wildlife habit, open space, drainage, potential for flooding, and protection of natural resources, including critical or sensitive areas or resources and groundwater. In the context of such authority, municipalities may define and delineate resources or environmental characteristics, such as wet soils or areas, and shoreline or buffer areas, in a manner different from the common meaning and delineation of wetlands required herein.

243:3 Appeals; Receipt by Wetlands Council. Amend RSA 482-A:10, IV to read as follows:

IV. An appeal from a decision of the department after reconsideration shall be filed with the wetlands council within 30 days of the department’s decision. An appeal shall be considered timely filed and received by the wetlands council if postmarked or hand delivered to the wetlands council on or before the thirtieth day from the date of the department’s decision. Filing of the appeal shall be made by certified mail or hand delivery to the [~~chairperson of the~~] wetlands council, with a copy sent to the department. An appeal to the council shall contain a detailed description of the land involved in the department’s decision and shall set forth fully every ground upon which it is claimed that the decision complained of is unlawful or unreasonable.

243:4 Smith Pond Repairs. Without prejudice or effect as to determinations of ownership or liability for the dam and dikes impounding Smith Pond in Enfield, the department of environmental services is authorized to undertake repairs to dikes which are located within the boundaries of the fish and game department’s Enfield Wildlife Management Area; provided, that the owners of land needed for access to the work grant permission for such access, and to the extent that funding for such repair work is available from sources other than the department of environmental services. The department is authorized to accept contributions and grants for such purpose. The department of environmental services shall obtain the advice and consent of the legislative dam management review committee prior to undertaking any such work.

243:5 New Paragraph; OHRVs; Regulation by Political Subdivisions; Site Plans; Review of Trails for Snow Travelling Vehicles Exempted. Amend RSA 215-A:15 by inserting after paragraph V the following new paragraph:

VI. The local legislative body of a municipality shall not by ordinance or resolution authorize the planning board to review and approve or disapprove site plans for the development, siting, maintenance, or use of trails on private property for snow travelling vehicles, as defined in RSA 215-A:1, XIII.

243:6 Repeal. Section 4 of this act, relative to Smith Pond repairs, is repealed.