CHAPTER 85
SB 104 – FINAL VERSION
03/09/11 0461s
2011 SESSION
08/03
SENATE BILL 104
AN ACT relative to certain agricultural operations and certain bonds for excavation and driveways.
SPONSORS: Sen. Odell, Dist 8; Rep. Theberge, Coos 4; Rep. Chandler, Carr 1; Rep. Sanders, Rock 7
COMMITTEE: Public and Municipal Affairs
This bill:
I. Requires bonds for restoration of municipal highways after excavations be equitably and reasonably applied to all bonded vehicles using the municipal highway and prohibits the type of commodity carried by a vehicle from being the determining factor in either the requirement of such bond or fixing the dollar amount of such bond.
II. Allows zoning ordinances to be designed to protect agricultural operations.
III. Prohibits planning boards from regulating timber harvesting operations that are not part of a subdivision application or a development project subject to a site plan review.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/09/11 0461s
11-0976
08/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to certain agricultural operations and certain bonds for excavation and driveways.
Be it Enacted by the Senate and House of Representatives in General Court convened:
85:1 Bond; Application to Vehicles Carrying Commodities. Amend RSA 236:10 to read as follows:
236:10 Regulations; Bond. The person or entity giving such written permission may make rules and regulations to govern the excavation and restoration of such highway and may require that a bond satisfactory to such person or entity be furnished to the state, city, or town providing for the satisfactory restoration of the highway. The bond requirements shall be equitably and reasonably applied to other bonded vehicles using the highway. The type of commodity being transported shall not be the determining factor for requiring a bond or the dollar amount of the bond. The person or entity providing the bond shall determine the type of bond furnished and it may be in the form of cash, letter of credit from a bank or lending institution licensed in New Hampshire and acceptable to the person giving written permission, or a bond furnished by an insurance company. The person or entity granting permission shall not arbitrarily withhold funds from any cash bond or letter of credit, but shall first make a good faith effort to resolve any differences with the contractor doing the excavation or restoration.
85:2 Agricultural Operations; Zoning Ordinances. Amend RSA 674:17, I(i) to read as follows:
(i) To encourage the preservation of agricultural lands and buildings and the agricultural operations described in RSA 21:34-a supporting the agricultural lands and buildings; and
85:3 Duties of the Planning Board. Amend RSA 674:1, VI to read as follows:
VI. In general, the planning board may be given such powers by the municipality as may be necessary to enable it to fulfill its functions, promote municipal planning, or carry out the purposes of this title. Such powers shall not include regulating timber harvesting operations that are not part of a subdivision application or a development project subject to site plan review under this chapter.
85:4 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 16, 2011
Effective Date: July 15, 2011