TITLE XII
PUBLIC SAFETY AND WELFARE

CHAPTER 155-E
LOCAL REGULATION EXCAVATIONS

Section 155-E:11

    155-E:11 Regulations. –
I. The regulator may adopt such regulations as may be reasonably necessary to carry out the provisions of this chapter, including adopting a permit fee schedule. Whenever such local regulations differ from the provisions of this chapter, the provision which imposes the greater restriction or higher standard shall be controlling, except that no local regulation shall supersede the sole applicability of express standards under RSA 155-E:2, I, III, and IV.
II. Such regulations may include reasonable provisions for the protection of water resources, consistent with the municipality's local water resources management and protection plan developed under RSA 674:2, III(d). If such regulations prohibit excavations below a stated height above the water table, the regulations shall also contain a procedure whereby an exception to such prohibition shall be granted if the applicant demonstrates that such excavation will not adversely affect water quality, provided, however, that written notice of such exception shall be recorded in the registry of deeds, and one copy filed with the department of environmental services.
III. The regulator may impose reasonable fees to cover the costs of notice under RSA 155-E:7, and to cover its administrative expenses, review of documents, and other matters which may be required by particular applications or proceedings before the regulator under this chapter.

Source. 1979, 481:2. 1989, 363:14. 1991, 310:23. 1996, 141:3; 228:108. 2002, 178:7, eff. July 14, 2002.