CHAPTER 257
SB 124 – FINAL VERSION
04/01/09 1075s
03Jun2009… 1900h
2009 SESSION
10/01
SENATE BILL 124
AN ACT relative to beaver dams.
SPONSORS: Sen. Bragdon, Dist 11; Sen. Roberge, Dist 9; Rep. Skinder, Sull 1
COMMITTEE: Energy, Environment and Economic Development
This bill provides conditions for the removal of beaver dams and the use of beaver pipes.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/01/09 1075s
03Jun2009… 1900h
09-0971
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to beaver dams.
Be it Enacted by the Senate and House of Representatives in General Court convened:
257:1 Fish and Game; Fur Bearing Animals; Protection of Beaver. Amend RSA 210:9, II to read as follows:
II. Notwithstanding paragraph I or any other provision of law or rule of the executive director or the department of environmental services, a landowner, [a landlord’s employee, tenant, or caretaker] the landowner’s agent, or any town or municipal or state official or employee, may destroy beaver [and], remove beaver dams, or install beaver pipes or beaver fences on property under their control to protect property, public highways, or bridges from damage or submersion [with the permission of the owner of lands affected, if applicable]. Dam removal 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. Removal 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. For purposes of paragraph II, the term “beaver pipes” means no more than 3 temporary structures with the widest dimension no larger than 15 inches that is placed in a beaver dam to allow water passage to maintain a specific water surface elevation, and the term “beaver fences” means posts and fencing installed at culverts in such a manner as to either encourage or discourage beaver damming against the fence.
257:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 16, 2009
Effective Date: September 14, 2009