CHAPTER 195
SB 21 – FINAL VERSION
02/16/11 0176s
18May2011… 1845h
2011 SESSION
06/10
SENATE BILL 21
AN ACT relative to exemptions from excavating and drainage permits.
SPONSORS: Sen. Odell, Dist 8; Sen. Morse, Dist 22
COMMITTEE: Energy and Natural Resources
This bill modifies the exemptions from excavating and drainage permits.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/16/11 0176s
18May2011… 1845h
11-0957
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to exemptions from excavating and drainage permits.
Be it Enacted by the Senate and House of Representatives in General Court convened:
195:1 Excavating and Dredging Permit; Exemptions. Amend RSA 482-A:3, IV(b) to read as follows:
(b) Man-made nontidal drainage ditches, roadside and railroad ditches [culverts], [catch] detention basins, [and] ponds, and wetlands that have been legally constructed to collect, [or] convey, treat, or control storm water and spring run-off, legally constructed ponds on active farms, erosional features caused by proximate human activity, fire ponds and intake areas of dry hydrants that have been legally constructed to provide water for municipal firefighting purposes as approved by a local fire chief, and aggregate wash ponds, sluiceways, and other legally constructed man-made water conveyance systems that are used for the commercial or industrial purpose of collecting, conveying, storing, and recycling water, may be [cleaned out when] maintained, repaired, replaced, or modified as necessary to preserve their usefulness without a permit [from the department. Such drainage facilities, fire ponds, intake areas of any hydrants, or man-made water conveyance systems may be cleaned out by hand or machine] under this chapter; provided, that the exempted facility, area, or feature is [neither enlarged nor] not extended into any area of wetlands jurisdiction of the department of environmental services, dredged spoils are deposited in areas outside wetlands jurisdiction of the department of environmental services, [and] wetlands or surface waters outside the limits of the [constructed drainage facility, fire pond, intake area of a dry hydrant, or man-made water conveyance system] exempted facility, area, or feature are neither disturbed nor degraded, the exempted facility, area, or feature was not constructed as mitigation under a wetlands permit or as part of a settlement agreement, best management practices are followed, and the work does not infringe on the property rights or unreasonably affect the value or enjoyment of property of abutting owners.
(c) Legally constructed culverts may be cleaned as necessary to preserve their usefulness without a permit under this chapter provided the conditions of subparagraph (b) are met.
195:2 Contingent Amendment; Excavating and Dredging Exemptions. Amend RSA 482-A:3, IV(c) to read as follows:
(c) Legally constructed culverts may be cleaned as necessary to preserve their usefulness without a permit under this chapter provided the conditions of subparagraph (b) are met, however any repair, replacement or modification of a culvert must be made in accordance with RSA 482-A:3, XVI.
195:3 Contingent Amendment; Municipalities; Permit by Notification. Amend RSA 482-A:3, XVI(a) to read as follows:
XVI.(a) Any person or political subdivision that repairs[,] or replaces[, or maintains] culverts or stream crossing 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 and including 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.
195:4 Contingency.
I. If HB 621-FN-LOCAL of the 2011 legislative session becomes law before the effective date of section 1 of this act, section 2 shall take effect at 12:01 a.m. 60 days after passage of this act. If HB 621-FN-LOCAL of the 2011 legislative session becomes law after the effective date of section 1 of this act, section 2 shall take effect on the effective date of HB 621-FN-LOCAL. If HB 621-FN-LOCAL of the 2011 legislative session does not become law, then section 2 of this act shall not take effect.
II. If HB 621-FN-LOCAL of the 2011 legislative session becomes law, then section 3 of this act shall take effect at 12:01 a.m. on the effective date of HB 621-FN-LOCAL. If HB 621-FN-LOCAL of the 2011 legislative session does not become law, then section 3 of this act shall not take effect.
195:5 Effective Date.
I. Sections 2 and 3 of this act shall take effect as provided in section 4 of this act.
II. The remainder of this act shall take effect 60 days after its passage.
Approved: June 14, 2011
Effective Date: I. Sections 2 and 3 shall take effect as provided in section 4.
II. Remainder shall take effect August 13, 2011.