CHAPTER 269
SB 441 – FINAL VERSION
03/24/10 1105s
21Apr2010… 1373h
2010 SESSION
06/03
SENATE BILL 441
AN ACT relative to the lakes management and protection program.
SPONSORS: Sen. Merrill, Dist 21; Sen. Reynolds, Dist 2; Sen. Sgambati, Dist 4; Sen. Odell, Dist 8; Rep. Tupper, Merr 6; Rep. Millham, Belk 5
COMMITTEE: Energy, Environment and Economic Development
This bill makes several changes to the lakes management and protection program, and expands the purposes of the rivers management and protection fund.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/24/10 1105s
21Apr2010… 1373h
10-2869
06/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to the lakes management and protection program.
Be it Enacted by the Senate and House of Representatives in General Court convened:
269:1 Rivers Management and Protection Program; Fund Established. Amend RSA 483:13, II and III to read as follows:
II. There is hereby established in the office of the state treasurer a fund to be known as the rivers management and protection fund. The fund shall be nonlapsing and continually appropriated to the commissioner for the purposes of this chapter [and], RSA 487:38 through RSA 487:42, and RSA 483-A.
III. The commissioner may expend any funds deposited in the rivers management and protection fund for the purposes of this chapter [and], RSA 487:38 through RSA 487:42, and RSA 483-A, and such funds are hereby continually appropriated.
269:2 New Hampshire Lakes Management and Protection Program; Statement of Policy. Amend RSA 483-A:1 to read as follows:
483-A:1 Statement of Policy. New Hampshire’s lakes are one of its most important natural resources; vital to wildlife, fisheries, recreation, tourism, and the quality of life of its citizens. It is the policy of the state to insure the continued vitality of New Hampshire lakes as key [environmental] biological, social, and economic assets, while providing that public health is ensured for the benefit of present and future generations. The state shall encourage and assist in the development of management plans for the waters as well as the shoreland to conserve and protect [outstanding] valued characteristics, including recreational, aesthetic, and those of community significance, so that these valued characteristics shall endure as part of lake uses to be enjoyed by the citizens of New Hampshire. If conflicts arise in the attempt to protect the valued characteristics of a lake, priority shall be given to those characteristics that are necessary to meet state water quality standards.
269:3 New Paragraph; Definitions. Amend RSA 483-A:2 by inserting after paragraph III the following new paragraph:
IV. “Valued characteristics” means the uses and values that lakes provide including, but not limited to: passive and active recreational activities such as swimming, fishing, and use of appropriate watercraft; aesthetic values such as scenic beauty, wilderness experiences, and educational opportunities; public uses such as drinking water supplies and flood control; ecosystem values such as providing ecological diversity and wildlife habitat; economic values such as revenue generated for the local, regional, and state economies; and social experiences and the opportunity to use our lakes for public enjoyment.
269:4 Management. Amend RSA 483-A:5, I to read as follows:
I. The lakes coordinator, in consultation with the advisory committee, [and upon consideration of recommendations] with cooperation and assistance from each of the relevant divisions and bureaus within the department of environmental services, shall prepare [and submit to the legislature for consideration proposed] every 10 years state level management [criteria to be provided for the state’s lakes. The management criteria upon adoption shall provide the basis for state agency decisions] recommendations for consideration by state agencies in their decision-making regarding lakes management and protection. The purpose of such [criteria] recommendations shall be to ensure that:
(a) Water quality shall not be degraded from existing water quality standards established in RSA 485-A.
(b) Potential sources of pollution, whether point or non-point sources on the land or deriving from activity on the lake, shall be managed in such a way as to minimize their adverse impact on water quality. No significant adverse impact or cumulative adverse impact on water quality shall be permitted.
(c) The environment for wildlife, particularly waterfowl and aquatic life, shall be maintained or improved.
(d) The use of lakes and their drainage areas for flood protection and water supply shall be recognized and protected.
(e) Public access shall be provided and maintained appropriate to suitable uses of the lakes.
(f) Recreational uses of lakes shall be consistent with the carrying capacity and [character] valued characteristics of each lake [and shall include, but not be limited to, the use of appropriate watercraft, swimming, and fishing]. [Permitted] Recreational uses shall provide opportunity for the safe enjoyment of a variety of lake experiences within the state as a whole. 269:5 Lakes Management Committee; Establishment. Amend RSA 483-A:6 to read as follows:
483-A:6 Lakes Managmeent Committee; Establishment.
I. There is established a lakes management advisory committee.
II. The advisory committee shall include the following members to be appointed by the governor and council:
(a) A member representing a New Hampshire lake association nominated by the New Hampshire Lakes [Federation] Association.
(b) A member representing the state conservation committee established in RSA 432:10.
(c) A member of the fish and game commission.
(d) A municipal officer of a lakefront community nominated by the New Hampshire Municipal Association.
(e) A member of a conservation commission from a lakefront community nominated by the New Hampshire Association of Conservation Commissions.
(f) A member representing the scientific community [from] nominated by the [University] university system of New Hampshire.
(g) A member representing the tourism industry nominated by the New Hampshire Travel Council.
(h) [A representative of the conservation community chosen from a list of 3 nominees submitted by the Society for Protection of New Hampshire Forests, the Audubon Society, and the New Hampshire Wildlife Federation.] A member representing conservation interests nominated jointly by the Loon Preservation Committee, the Society for the Protection of New Hampshire Forests, the Audubon Society of New Hampshire, and the New Hampshire Wildlife Federation.
(i) A member representing the New Hampshire Marine [Dealers] Trades Association.
(j) A member of the New Hampshire Association of Realtors.
(k) A member of a planning board appointed by the New Hampshire Municipal Association.
(l) A member representing the Business and Industry Association of New Hampshire.
(m) A member representing fishing interests nominated jointly by the New Hampshire Wildlife Federation and the New Hampshire Bass Federation.
III. The director of the office of energy and planning, the executive director of the fish and game department, the commissioner of resources and economic development, the commissioner of the department of safety, the commissioner of the department of agriculture, markets, and food, and the commissioner of the department of transportation, or their designees, shall serve as nonvoting members of the advisory committee.
IV. The terms of state agency members shall be the same as their terms in office. Voting members shall serve 3-year terms[, provided, however, that for the initial appointment, persons appointed under subparagraphs:
(a) (a) through (d) shall be appointed for one year;
(b) (e) through (h) shall be appointed for 2 years; and
(c) (i) through (l) shall be appointed for 3 years].
IV-a. Any vacancy shall be filled in the same manner as the original appointment for the remainder of the unexpired term. Members may hold office until their successors are appointed and confirmed.
V. [The commissioner shall convene the first meeting no later than September 1, 1990.] The advisory committee shall elect a chairperson and vice-chairperson, who shall serve for 3-year terms. [Subsequent] Meetings shall be at the call of the chair, or at the request of 3 or more committee members. The lakes coordinator referred to in RSA 483-A:4 shall serve as secretary and staff to the committee.
VI. The advisory committee shall advise the commissioner and lakes coordinator in carrying out the purposes of this chapter and shall report biennially to the commissioner, the state agencies represented on the advisory committee, the house resources, recreation and development committee, and the senate energy, environment and economic development committee regarding the activities carried out for the purposes of this chapter.
269:6 Lakes Management and Protection Plans. Amend RSA 483-A:7 to read as follows:
483-A:7 Lakes Management and Protection Plans.
I. The lakes coordinator, in consultation with the advisory committee and [with the cooperation and assistance of] the office of energy and planning, shall [develop detailed] monitor and oversee guidelines for coordinated lake management and shoreland protection plans together with recommendations for implementation, if necessary. Upon acceptance of the guidelines or substantive changes to the guidelines by the advisory committee, the lakes coordinator and members of the advisory committee shall hold public hearings regarding the guidelines or changes to the guidelines. At least one hearing shall be held in each [counselor] executive council district.
II. The lakes coordinator [and] in consultation with the office of energy and planning, with the help of appropriate council on resources and development agencies, shall provide technical assistance and, within the limits of legislative appropriations, award financial grants to regional planning commissions established under RSA [36:45-53] 36:45 through RSA 36:53 in support of lake management and shoreland protection planning. The commissioner, with the advice of the lakes coordinator and the advisory committee, shall adopt rules, pursuant to RSA 541-A, relative to awarding financial grants under this paragraph.
III. The lakes coordinator [and] in cooperation with the office of energy and planning, [in cooperation with] regional planning agencies, and appropriate council on resources and development agencies, shall provide technical assistance and information in support of lake management and local shoreland planning [efforts] consistent with the guidelines established under RSA 483-A:7, I [and], compatible with the [criteria established] recommendations under RSA 483-A:5, and consistent with state and federal water quality laws.
IV. Whenever more than one municipality borders a lake, all such municipalities shall be encouraged to cooperate in the development and implementation of a coordinated lake management and shoreland protection plan.
V. Lake management and shoreland [management] protection plans developed pursuant to paragraphs I, II, and III shall address, but not be limited to, the following:
(a) [Permitted] Recreational uses and activities.
(b) [Permitted] Non-recreational uses and activities.
(c) Existing and future land uses.
(d) Protection of wetlands, wildlife, fish habitats, and other significant natural areas.
(e) Dams, bridges, and other water structures.
(f) Public access by foot and vehicle.
(g) Setbacks and other location requirements.
(h) Dredging, filling, mining, and earth moving.
(i) Prohibited uses.
(j) Factors controlling water levels and flowage rights.
(k) Facilities appropriate to support approved lake uses.
(l) Water safety.
(m) Other factors affecting water quality.
269:7 Acceptance and Expenditures of Funds. Amend RSA 483-A:8 to read as follows:
483-A:8 Acceptance and Expenditures of Funds.
I. The commissioner may apply for and accept, from any source, gifts; donations of money; grants; federal, local, private, and other funds and incentives; and interests in land for the purposes of this chapter. The moneys collected under this paragraph shall be deposited in the rivers management and protection fund established under RSA 483:13.
II. [The lakes coordinator, with the approval of the commissioner, may expend any funds received under paragraph I for the purposes of this chapter, and such funds are hereby continually appropriated.] The commissioner may expend any funds deposited in the rivers management and protection fund for the purposes of this chapter, in addition to those purposes established under RSA 483:13.
269:8 Effective Date. This act shall take effect upon its passage.
Approved: July 6, 2010
Effective Date: July 6, 2010