CHAPTER 74

HB 1380 – FINAL VERSION

15Feb2012… 0476h

2012 SESSION

12-2369

06/04

HOUSE BILL 1380

AN ACT relative to the development of wetland mitigation banks.

SPONSORS: Rep. Merrow, Carr 3; Rep. Mirski, Graf 10; Rep. Babson, Carr 3; Sen. Bradley, Dist 3

COMMITTEE: Resources, Recreation and Development

ANALYSIS

This bill permits the establishment of wetland mitigation banks.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Feb2012… 0476h

12-2369

06/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to the development of wetland mitigation banks.

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

74:1 New Subdivision; Wetland Mitigation Banks Authorized. Amend RSA 482-A by inserting after section 33 the following new subdivision:

Wetland Mitigation Banks

482-A:34 Wetland Mitigation Banks Authorized. Any individual or public or private entity may establish a wetland mitigation bank, provided such bank complies with all federal and state regulations and all requirements of the Army Corps of Engineers.

74:2 Rulemaking; Funding for Mitigation Banks. Amend RSA 482-A:31, III(c) to read as follows:

(c) No project shall be funded with in lieu payments from losses that occurred outside the [hydrologic unit code 8 watershed, as developed by the United States Geological Survey,] service area in which the project is located. A service area may be a hydrologic unit code 8 watershed, as developed by the United States Geological Survey, or a modification of a hydrologic unit code 8 watershed by the department as approved by the United States Army Corps of Engineers.

74:3 Effective Date. This act shall take effect 60 days after its passage.

Approved: May 23, 2012

Effective Date: July 22, 2012