CHAPTER 32

HB 27 – FINAL VERSION

15Mar2011… 0532h

2011 SESSION

11-0430

06/05

HOUSE BILL 27

AN ACT relative to the classification of rivers, de minimis impact work in designated rivers, and protected instream flows, and extending the time for septage and sludge land application restrictions.

SPONSORS: Rep. Kappler, Rock 2; Rep. L. Vita, Straf 3; Rep. C. Vita, Straf 3; Rep. Spang, Straf 7

COMMITTEE: Resources, Recreation and Development

AMENDED ANALYSIS

This bill:

I. Permits the commissioner of the department of environmental services to approve certain permanent alterations which have de minimis impact to or restore a channel’s geomorphic characteristics.

II. Requires tributaries and segments of rivers designated for protection to be listed in the same paragraph.

III. Extends the time before septage and sludge land application restrictions apply.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Mar2011… 0532h

11-0430

06/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to the classification of rivers, de minimis impact work in designated rivers, and protected instream flows, and extending the time for septage and sludge land application restrictions.

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

32:1 New Hampshire Rivers Management and Protection Program; Nominations; Criteria. Amend RSA 483:6, I to read as follows:

I. Any New Hampshire organization or resident may nominate a river or any segment or segments of such river for protection by submitting to the commissioner a description of the river or segment or segments of such river and its values and characteristics. The completed nomination shall be submitted to the rivers coordinator on or before June 1 in order for it to be considered in the next legislative session. This nomination shall include, but not be limited to, an assessment of fisheries; geologic and hydrologic features; vegetation; wildlife; historical and archaeological features; open space and recreation features and potential; water quality and quantity; dams, hydropower generation, buildings, and other manmade structures; riparian interests and public water supply, including flowage rights known by the nominating individual or group, and other pertinent instream and riverbank and tributary drainage area information. The nominating party shall hold at least one public meeting on the information prior to final submittal to the commissioner. The department shall encourage the nominating party to include tributary drainage area information in the nomination. The nominating party shall advertise the meeting in cooperation with the rivers coordinator and shall give written notice to riparian landowners and the governing body of any municipality where segments of the river are located. The rivers coordinator shall provide assistance to the nominating party in the presentation of the nomination at the public meeting.

32:2 New Paragraph; River Classification Program; Management. Amend RSA 483:7-a by inserting after paragraph II the following new paragraph:

III. A designated river and its tributary drainage area rivers that are subsequently designated shall be listed in the same paragraph in RSA 483:15. Each tributary river shall be named in a subparagraph under the main stem, and designated segments of each tributary shall be listed as further subparagraphs under each tributary.

32:3 Natural Rivers Protection. RSA 483:9, III(b) is repealed and reenacted to read as follows:

(b) Permanent alterations in conjunction with the repair or maintenance of a bridge, road, or riprap which is in place at the time a river or segment is designated which have only de minimis impact to or restore the channel’s geomorphic characteristics.

32:4 Establishment of Protected Instream Flows. Amend RSA 483:9-c, I to read as follows:

I. The commissioner, in consultation with the advisory committee, shall adopt rules under RSA 541-A specifying the standards, criteria, and procedures by which a protected instream flow shall be established and enforced for each designated river or segment. Each protected instream flow shall be established and enforced to maintain water for instream public uses and to protect outstanding characteristics, including recreational, fisheries, wildlife, environmental, hydropower, cultural, historical, archaeological, scientific, ecological, aesthetic, community significance, agricultural, public water supply, and the resources for which the river or segment is designated, and shall respect riparian interests on each designated river or segment consistent with the purposes of this chapter. Instream public uses shall include the state’s interests in surface waters, including, but not limited to, navigation; recreation; fishing; storage; conservation; maintenance and enhancement of aquatic and fish life; fish and wildlife habitat; wildlife; the protection of water quality and public health; pollution abatement; aesthetic beauty; and hydroelectric energy production.

32:5 Temporary Use Authorization; Time Extended. Amend 1998, 56:6 as amended by 2003, 43:14, 2003, 302:3, 2005, 141:2, and 2007, 287:1 to read as follows:

Temporary Use Authorization. The septage and sludge land application restrictions contained in RSA 483:9, VI(c), RSA 483:9-a, VII(b), RSA 483:9-aa, VII(b), and RSA 483:9-b, VII(b) shall not apply until January 1, [2012] 2017 to any land upon which septage or sludge has been spread in accordance with all applicable rules adopted by the federal Environmental Protection Agency and the New Hampshire department of environmental services, during any portion of the 3-year period prior to January 1, 1998. In addition, there shall be no termination of this restriction exemption for qualifying land that is used for scientific research on septage or sludge. Any continued application of septage and sludge pursuant to this section shall comply with all applicable federal and state laws and any best management practices published by the university of New Hampshire cooperative extension.

32:6 Effective Date. This act shall take effect upon its passage.

Approved: May 9, 2011

Effective Date: May 9, 2011