CHAPTER 143

SB 38 – FINAL VERSION

2011 SESSION

11-0922

06/09

SENATE BILL 38

AN ACT relative to extensions for wetland and shoreland permits.

SPONSORS: Sen. Odell, Dist 8

COMMITTEE: Energy and Natural Resources

ANALYSIS

This bill provides for extensions of permits for excavating and dredging in wetlands and activities within the protected shoreland.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0922

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to extensions for wetland and shoreland permits.

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

143:1 New Paragraph; Excavating and Dredging Permit. Amend RSA 482-A:3 by inserting after paragraph XIV the following new paragraph:

XIV-a. All permits issued pursuant to this chapter shall be valid for a period of 5 years. Requests for extensions of such permits may be made to the department. The department shall grant one extension of up to 5 additional years, provided the applicant demonstrates all of the following:

(a) The permit for which extension is sought has not been revoked or suspended without reinstatement.

(b) Extension would not violate a condition of law or rule.

(c) The project is proceeding towards completion in accordance with plans and other documentation referenced by the permit.

(d) The applicant proposes reasonable mitigation measures to protect the public waters of the state from deterioration during the period of extension.

143:2 New Paragraph; Rulemaking. Amend RSA 482-A:31 by inserting after paragraph III the following new paragraph:

IV. Requests for extensions of excavating and dredging permits.

143:3 New Paragraph; Comprehensive Shoreland Protection; Permit Required. Amend RSA 483-B:5-b by inserting after paragraph V the following new paragraph:

VI. All permits issued pursuant to this chapter shall be valid for a period of 5 years. Requests for extensions of such permits may be made to the department. The department shall grant one extension of up to 5 additional years, provided the applicant demonstrates all of the following:

(a) The permit for which extension is sought has not been revoked or suspended without reinstatement.

(b) Extension would not violate a condition of law or rule.

(c) The project is proceeding towards completion in accordance with plans and other documentation referenced by the permit.

(d) The applicant proposes reasonable mitigation measures to protect the shorelands and public waters of the state from deterioration during the period of extension.

143:4 New Paragraph; Rulemaking. Amend RSA 483-B:17 by inserting after paragraph X the following new paragraph:

XI. Requests for extensions of permits for activities within the protected shoreland.

143:5 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 7, 2011

Effective Date: August 6, 2011