SB 19 – AS AMENDED BY THE HOUSE
2011 SESSION
02/03/11 0092s
06/10
SENATE BILL 19
AN ACT relative to the definition and designation of “prime wetlands.”
SPONSORS: Sen. Odell, Dist 8; Sen. Rausch, Dist 19
COMMITTEE: Energy and Natural Resources
This bill modifies the definition of “prime wetlands.”
This bill modifies the process for designating prime wetlands.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/03/11 0092s
4Jan2012… 2590h 11-0955
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the definition and designation of “prime wetlands.”
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Administrative Provisions. Amend RSA 482-A:11, IV(a) and RSA 482-A:11, IV(b)(1) to read as follows:
IV.(a) The department shall not grant a permit with respect to any project to be undertaken in [or within 100 feet of] an area mapped, designated, and filed as a prime wetland pursuant to RSA 482-A:15 unless the department first notifies the local governing body, the planning board, if any, and the conservation commission, if any, in the municipality within which the wetlands lie, either in whole or in part, of its decision. Any such permit shall not be issued unless the department is able, specifically, to find clear and convincing evidence on the basis of all information considered by the department, and after a public hearing, if a public hearing is deemed necessary under RSA 482-A:8, that the proposed project, either alone or in conjunction with other human activity, will not result in the significant net loss of any of the values set forth in RSA 482-A:1. This paragraph shall not be construed so as to relieve the department of its statutory obligations under this chapter to protect wetlands not so mapped and designated.
(b)(1) A property owner may request from the department a waiver from subparagraph (a), under rules adopted by the department, to perform forest management work and related activities in the forested portion of a prime wetland [or its 100-foot buffer] that do not qualify under the notification of forest management or timber harvest activities having minimum wetlands impact process. The request for the waiver shall include, but not be limited to:
(A) A sketch of the property depicting the best approximate location of each prime wetland [and its 100-foot buffer] in which work is proposed and the location of proposed work, including access roads;
(B) A written description of the work to be performed and a copy of the notice of intent to cut, if applicable; and
(C) A list of the prime wetland values as identified by the municipality in designating each prime wetland under RSA 482-A:15.
2 Local Options; Prime Wetland. Amend RSA 482-A:15, I to read as follows:
I.(a) Any municipality, by its conservation commission, or, in the absence of a conservation commission, the planning board, or, in the absence of a planning board, the local governing body, may undertake to designate, map, and document prime wetlands lying within its boundaries, or if such areas lie only partly within its boundaries, then that portion lying within its boundaries. The conservation commission, planning board, or governing body shall give written notice to the owner of the affected land and all abutters 30 days prior to the public hearing, before designating any property as prime wetlands.
(b) Prior to municipal vote under paragraph II, maps that depict wetland boundaries shall be prepared and landowners having proposed prime wetlands on their property shall be informed of the boundary delineation. The acceptance of any prime wetland designation by the department prior to the effective date of this paragraph shall remain in effect; however, any revision to the boundary shall be delineated using wetland delineation methods as adopted by the department and by the standards of this section.
I-a. For the purposes of this chapter, “prime wetlands” shall mean any contiguous areas falling within the jurisdictional definitions of RSA [482-A:3] 482-A:2, X and RSA 482-A:4 [that possess one or more of the values set forth in RSA 482-A:1 and] that, because of their size, unspoiled character, fragile condition, or other relevant factors, make them of substantial significance. A prime wetland shall be at least 2 acres in size, shall not consist of a water body only, shall have at least 4 primary wetland functions, one of which shall be wildlife habitat, and shall have a width of at least 50 feet at its narrowest point. The boundary of a prime wetland shall coincide, where present, with the upland edge of any wetland, as defined in RSA 482-A:2, X, that is part of the prime wetland. On-site verification of proposed prime wetland boundaries shall be performed where landowner permission is provided.
I-b. The commissioner shall adopt rules under RSA 541-A relative to the form, criteria, and methods that shall be used to designate, map, and document prime wetlands, determine boundaries in the field, and amend maps and designations once filed and accepted by the department under paragraph II.
3 Prime Wetland Designation; Buffer Area Exemption. The provision of RSA 482-A:15, I(b) as inserted by this act that states that “the acceptance of any prime wetland designation by the department prior to the effective date of this paragraph shall remain in effect” shall not be interpreted to include the 100-foot buffer area that surrounded prime wetlands prior to the effective date of this act.
4 Repeal. RSA 482-A:11, IV(c), relative to requests for waivers is repealed.
5 Effective Date. This act shall take effect 60 days after its passage.