CHAPTER 114
HB 621-FN-LOCAL – FINAL VERSION
17Mar2011… 0878h
4May2011… 1560EBA
2011 SESSION
06/09
HOUSE BILL 621-FN-LOCAL
AN ACT relative to the authority of the department of transportation.
SPONSORS: Rep. Hill, Merr 6; Rep. Jennifer Coffey, Merr 6; Rep. Kreis, Merr 6; Rep. Chandler, Carr 1; Rep. T. Keane, Merr 13; Rep. Foose, Merr 1; Sen. Bradley, Dist 3
COMMITTEE: Public Works and Highways
This bill provides for an excavation and dredging permit by notification for municipalities that construct and maintain structures in accordance with Best Management Practices for Routine Roadway Maintenance.
This bill establishes a committee to study certain rules pertaining to stream crossings.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17Mar2011… 0878h
4May2011… 1560EBA
11-0541
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the authority of the department of transportation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
114:1 Excavating and Dredging Permit; Certain Exemptions. Amend RSA 482-A:3, I-a to read as follows:
I-a. Notwithstanding any law or rule to the contrary, in reviewing requests proposed, sponsored, or administered by the department of transportation, there shall be a rebuttable presumption that there is a public need for the requested project, and that the department of transportation has exercised appropriate engineering judgment in the project’s design.
114:2 New Paragraph; Municipalities; Permit by Notification. Amend RSA 482-A:3 by inserting after paragraph XV the following new paragraph:
XVI.(a) Any person or political subdivision that repairs, replaces, or maintains structures in accordance with the best management practices for routine roadway maintenance in New Hampshire published by the department of transportation, including culverts up to 48 inches in diameter or the functional hydraulic equivalent, and files an appropriate notice under subparagraph (b), shall satisfy the permitting requirements of this section for minimum impact activities, as defined by rules adopted by the commissioner.
(b) Appropriate notice to the department shall include a completed routine roadway notification form as outlined in Env Wt 303.05 including, at a minimum, the following information:
(1) Name and mailing address of the applicant or authorized person.
(2) Name and mailing address of the applicant or authorized agent, if any, representing the political subdivision.
(3) Telephone number, and email address and fax number if available.
(4) A copy of the appropriate United States Geological Survey topographic map at its original scale on 8-1/2 x 11 sheets with the project locations clearly labeled.
(5) Town tax map, number, and lot number, if any, of the project sites.
(6) Project location including street name and address or distance from the nearest intersection to the project.
(7) Information regarding the existing and proposed structure shown on plan sheets or equivalent plans as shown in the best management practices for routine roadway manual and a listing of the best management practices to be used during construction.
(8) Color photographs depicting the proposed work sites showing existing structures, surrounding land, and jurisdictional areas in and adjacent to the work location.
(9) A signed certification that information is accurate and correct and that work will conform to the best management practices for routine roadway maintenance.
(c) Appropriate notice to the department under subparagraphs (a) and (b) shall be mailed and received by department at least 5 days prior to the start of construction.
114:3 Committee Established. There is established a committee to study certain rules adopted by the department of environmental services concerning stream crossings.
114:4 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) Four members of the house of representatives, appointed by the speaker of the house of representatives.
(b) Two members of the senate, appointed by the president of the senate.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
114:5 Duties. The committee shall study whether certain rules adopted by the department of environmental services concerning stream crossings:
I. Violate Article 28-a of the New Hampshire constitution.
II. Have statutory authority for their implementation.
114:6 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.
114:7 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2011.
114:8 Effective Date. This act shall take effect upon its passage.
Approved: May 31, 2011
Effective Date: May 31, 2011