HB 1172

HB 1172 - AS AMENDED BY THE SENATE

6mar02...2805h

AN ACT relative to the adoption of rules for certain wetland permits, relative to certain dwellings over water, and relative to special permit docks.

SPONSORS: Rep. Royce, Ches 9

This bill allows the commissioner of the department of environmental services to exempt certain activities of minor impact from the dredge and fill permitting process.

This bill also creates a temporary special permitting process in the department of safety to allow the installation of certain docks on any lake or pond.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to the adoption of rules for certain wetland permits, relative to certain dwellings over water, and relative to special permit docks.

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

1 Fill and Dredge in Wetlands; Notification for Certain Minimum Impact Projects; Rulemaking Authority for Activities not Requiring a Permit. Amend RSA 482-A:11, VI to read as follows:

VI. The commissioner [~~may~~] shall adopt rules pursuant to RSA 541-A establishing an expedited application and permitting process or permit by notification process for certain minimum [~~and minor~~] impact projects. The provisions of RSA 482-A:3, I and paragraph III of this section shall apply.

VII. The commissioner shall adopt rules, pursuant to RSA 541-A, identifying those activities within the jurisdiction of RSA 482-A that may be conducted without obtaining a permit, consistent with the provisions of this chapter.

2 Administrative Provisions; Permit by Notification. Amend RSA 482-A:11, III to read as follows:

III.(a) Upon written notification to the department by a municipal conservation commission that it intends to investigate any notice received by it pursuant to RSA 482-A:3, the department shall suspend action upon such notice and shall not make its decision on the notice of a minor or minimum impact project nor hold a hearing on it if a major project until it has received and acknowledged receipt of a written report from such commission, or until 40 days from the date of filing with the municipal clerk of such notice, whichever occurs earlier, subject to an extension as permitted by the department. In connection with any local investigation, a conservation commission may hold a public informational meeting or a public hearing, the record of which shall be made a part of the record of the department. If a conservation commission makes a recommendation to the department in its report, the department shall specifically consider such recommendation and shall make written findings with respect to each issue raised in such report which is contrary to the decision of the department. If notification by a local conservation commission pursuant to this paragraph is not received by the department within 14 days following the date the notice is filed with the municipal clerk, the department shall not suspend its normal action, but shall proceed as if no notification has been made.

(b) Relative to any permit by notification under paragraph VI, the provisions of subparagraph (a) shall be modified as follows:

(2) The notification by a municipal conservation commission of intended investigation shall be assumed unless the application filed under RSA 482-A:3 was signed by the conservation commission, or, if one has not been established in the municipality, by the local governing body, in which case the provisions of subparagraph (a) shall not apply.

3 Dwellings Over Water; Repair Offering Greater Protection to the Environment. Amend RSA 482-A:26, III to read as follows:

III.(a) Existing dwellings over water which were constructed or converted to be made suitable for use as a dwelling in accordance with the law in effect at the time of construction or conversion, may be repaired or reconstructed, for maintenance purposes only, using any modern technologies, provided the result is a functionally equivalent use. Such repair or reconstruction may alter the interior design or existing cribwork, but no expansion of the existing footprint or outside dimensions shall be permitted. A condition of RSA 482-A:3 approval shall be the existence or installation of a sewage disposal system which has been approved pursuant to RSA 485-A:29-44. No permit shall be required for routine maintenance that does not involve work in the water.

(b) Without otherwise limiting the provisions of this section, where the effect of repair or reconstruction of a structure subject to the provisions of this section represents greater protection of public water or the environment and where such repair or reconstruction does not change a recreational, water-based activity to a land-based, residential or commercial activity, the commissioner may waive the existing standards, provided that there shall be no expansion of the existing footprint, outside dimensions, and square footage of floor space; and there shall be a net reduction in the total square footage of kitchen, bathroom, shower, and toilet facilities.

I. Notwithstanding any other provision of law, the department of safety may grant special permits to install docks on any lake or pond. Special permits obtained under this section shall be exempt from the permitting requirements of RSA 482-A. To qualify for a special permit under this section, the dock shall be:

(b) Configured to be narrow, rectangular, and erected perpendicular to the shoreline.

(c) No more than 6 feet wide, and no more than 40 feet long if the waterbody is 1000 acres or larger, or no more than 30 feet long on waterbodies that are less than 1000 acres in size.

(e) Located at least 20 feet from an abutting property line or imaginary extension of the property line over the water.

(f) Constructed in an area that results in no impact to wetlands along or adjacent to the shoreline.

(h) Installed in a manner which does not present an unreasonable adverse effect on the environment.

(i) Installed in a manner which does not constitute a hazard to public safety or unreasonably interfere with other recreational uses of the water.

II. The commissioner of the department of safety shall adopt rules, pursuant to RSA 541-A, relative to the application process, submission of plans, granting or denying of special permits, and the establishment of any other reasonable fees to be charged for filing applications for special permits under this subdivision.

5 Prospective Repeal. Section 4 of this act, relative to special permit docks and application fees, is repealed.