TITLE L
WATER MANAGEMENT AND PROTECTION
Chapter 485-I
COASTAL PROGRAM AND FUND
Section 485-I:1
485-I:1 Statement of Policy. –
The water and related land resources of New Hampshire's coastal and estuarine environments have significant ecological, commercial, cultural, and recreational values for the state and its citizens. Therefore, it is the policy of the state to ensure the continued viability and improved resiliency of these environments and communities in which they are located as valued ecologic, economic, public health and safety, and social assets for the benefit of current and future generations.
Source. 2021, 208:2, Pt. I, Sec. 1, eff. July 1, 2021.
Section 485-I:2
485-I:2 Program Established. –
There is established within the department of environmental services the New Hampshire coastal program to implement 16 U.S.C. section 1452, the Coastal Zone Management Act. It is the intent of the state to encourage and assist state and federal agencies and coastal zone municipalities in the sustainable use of the land and water resources of the coastal zone giving full consideration to ecological, cultural, historic, and esthetic values as well as the needs for compatible economic development. The coastal program should encourage and assist to support:
I. The protection of natural resources, including wetlands, floodplains, coastal and estuarine waters, beaches, sand dunes, and fish and wildlife and their habitat within the coastal zone.
II. The management of coastal development to minimize the loss of life and property caused by improper development in flood-prone, storm surge, geological hazard, and erosion-prone areas and in areas likely to be affected by or vulnerable to sea level rise, ground water rise, and saltwater intrusion, and by the destruction of natural protective features such as beaches, sand dunes, and wetlands.
III. The management of coastal development to improve, safeguard, and restore the quality of coastal waters, and to protect natural resources and existing uses of those waters.
IV. Public access to the coasts for recreation purposes.
V. The redevelopment of deteriorating urban waterfronts and ports, and sensitive preservation and restoration of historic, cultural, and esthetic coastal features.
VI. The coordination and simplification of procedures in order to ensure expedited governmental decision making for the management of coastal resources.
VII. Continued consultation and coordination with, and the giving of adequate consideration to the views of affected state and federal agencies.
VIII. The giving of timely and effective notification of, and opportunities for, public and local government participation in coastal management decision making.
IX. Comprehensive planning, conservation, and management for living marine resources, including planning for the siting of pollution control and aquaculture facilities within the coastal zone, and improved coordination between state and federal coastal zone management agencies and state and wildlife agencies.
X. The study and development of plans for addressing the adverse effects upon the coastal zone in accordance with the updating of storm surge, sea-level rise, precipitation and other relevant projections recommending in the coastal risks and hazards commission 2014 report "Sea-Level Rise, Storm Surges, and Extreme Precipitation in Coastal New Hampshire: Analysis of Past and Projected Trends" in RSA 483-B:22, I.
Source. 2021, 208:2, Pt. I, Sec. 1, eff. July 1, 2021.
Section 485-I:3
485-I:3 Federal Consistency. –
The coastal program established under this chapter shall be the entity charged with implementing 16 U.S.C section 1456 and 15 C.F.R. Part 930.
Source. 2021, 208:2, Pt. I, Sec. 1, eff. July 1, 2021.
Section 485-I:4
485-I:4 Coastal Fund. –
I. There is hereby established in the state treasury the coastal fund which shall be kept distinct and separate from all other funds. All moneys in the fund shall be nonlapsing and continually appropriated to the department of environmental services for the purposes of this chapter.
II. The commissioner may apply for and accept, from any source, gifts; donations of money; grants; federal, local, private, and other matching funds and incentives; and interests in land for the purposes of this chapter. The moneys collected under this paragraph shall be deposited in the fund established under paragraph I.
III. All moneys collected by the state to mitigate impacts to wildlife, natural resources, ecosystems, and traditional or existing water-dependent uses, including but not limited to commercial and recreational fishing, including aquaculture, and transit lanes, shall be deposited in the fund established under paragraph I.
IV. There is hereby established an agency advisory board to advise the department of environmental services on the distribution moneys from the coastal fund. Members of the advisory board shall include:
(a) The commissioner of the department of environmental services, or designee;
(b) The commissioner of the department of transportation, or designee;
(c) The executive director of the fish and game department, or designee;
(d) The commissioner of the department of energy, or designee;
(e) The commissioner of the department of natural and cultural resources, or designee;
(f) The director of New Hampshire homeland security and management, or designee; and
(g) The commissioner of the department of business and economic affairs, or designee.
V. The department of environmental services may collect a reasonable administrative charge, not to exceed 10 percent, on moneys in the fund appropriated to the department to ensure their proper oversight and administration.
Source. 2021, 208:2, Pt. I, Sec. 1, eff. July 1, 2021. 2022, 130:2, eff. July 26, 2022.
Section 485-I:5
485-I:5 Geographic Location Description. –
I. The coastal program shall develop and seek approval from the National Oceanic and Atmospheric Administration (NOAA) for a geographic location description (GLD), as described in 15 C.F.R. 930.53, for certain activities in federal waters, including but not limited to the development of offshore wind energy in the Gulf of Maine, deemed to have reasonably foreseeable effects on New Hampshire's coastal resources and/or uses.
II. The coastal program shall conduct an effects analysis as described in 15 C.F.R. 923.84(d), to identify:
(a) The affected uses, such as:
(1) Commercial and recreational fishing and associated infrastructure, boating, tourism, shipping, and energy facilities; and
(2) Affected resources, such as fish, marine mammals, reptiles, birds, habitats, and landmarks.
(b) Where and in what densities the resources and uses are found.
(c) How the state has a specific interest in the resources or uses.
(d) Where the proposed activity overlaps with the resources and uses.
(e) Impacts to the resources or uses from the proposed activity.
(f) A reasonable showing of a causal connection to the proposed activity, including how the impacts from the activity results in reasonably foreseeable effects on the state's coastal resources or uses.
(g) Why any required mitigation may be inadequate.
(h) Empirical data and information that supports the effects analysis and can be shown to be reliable, visualizes the affected areas, resources and use with maps, and shows values, trends, and vulnerabilities.
III. The coastal program and fish and game department shall collaborate as necessary with New Hampshire Sea Grant, and other stakeholders, to develop a GLD, and to identify the partners, including New Hampshire's commercial and recreational fishing community, and resources needed to develop the GLD.
Source. 2022, 130:3, eff. July 26, 2022.
Section 485-I:6
485-I:6 Additional Studies or Mitigation. –
I. For the purposes of this section, "mitigation" means actions or impact fees relative to coastal resources or uses, including wildlife, natural resources, ecosystems, and traditional or existing water dependent uses, including but not limited to, commercial and recreational fishing, including aquaculture, and transit lanes that cannot be avoided or minimized.
II. The coastal program in coordination with the fish and game department and other relevant state agencies shall determine, in consultation with the impacted communities, whether additional studies and/or mitigation are required under proposals for offshore wind development in the Gulf of Maine. Any required studies or mitigation shall be included in agreements with developers of offshore wind energy in the Gulf of Maine and the power purchase agreements for Gulf of Maine renewable energy resources.
Source. 2022, 130:3, eff. July 26, 2022.