HB 1343

This bill provides specific time limits for processing excavation and dredging permits, and increases certain filing fees.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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

1 New Paragraph; Excavating and Dredging; Certain Exemptions. Amend RSA 482-A:3 by inserting after paragraph XIII the following new paragraph:

XIV. In processing an application for permits under this chapter the department shall:

(a) Within 20 days of receipt, examine the application, send notice to the applicant at the address provided on the application of any apparent error or omission with regard to the administrative completeness of the application, and notify the applicant of the name, official title, address, and telephone number of a department official or employee who may be contacted regarding the application.

(b) Within 120 days of receipt, or within 180 days if the application proposes more than one acre of jurisdictional impact, issue written technical comments on the application and request any additional information that the department is permitted by law to require.

(c) Where the department requests additional information pursuant to subparagraph (b), the department shall, within 60 days of the receipt of the applicant's complete response to said request for information:

(2) Commence a non-adjudicative proceeding in accordance with this chapter and rules adopted by the commissioner.

(d) Where no request for additional information is made pursuant to subparagraph (b), the department shall, within a reasonable time not to exceed 120 days, or not to exceed 180 days if the application proposes more than one acre of jurisdictional impact: (1) Approve or deny the application, in whole or in part; or

(2) Commence a non-adjudicative proceeding in accordance with this chapter and rules adopted by the commissioner.

(e) The time limits prescribed by this paragraph shall supersede any time limits provided in any other provision of law. If the department fails to render a decision within the time frames provided in this paragraph, the application shall be deemed to be approved.

(f) The time limits prescribed by this paragraph shall not apply to applications where a violation of this chapter exists on the same property.

2 Excavation and Dredging Permit; Certain Exemptions. Amend RSA 482-A:3, I to read as follows:

I. No person shall excavate, remove, fill, dredge, or construct any structures in or on any bank, flat, marsh, or swamp in and adjacent to any waters of the state without a permit from the department. The permit application together with a detailed plan and a map showing the exact location of the proposed project, along with 4 copies of the permit application, plan, and map, shall be submitted to the town or city clerk, accompanied by a filing fee in the form of a check made out by the applicant to the state of New Hampshire. The permit application fee shall be at least [~~$50~~] $100 for [~~minimum impact~~] all projects under this chapter. [~~Fees for minor and major projects shall be assessed based on the area of dredge, fill, or construction proposed and the number of boat slips requested.~~] The rates shall be [~~$100 per boat slip~~] $2.50 per square foot for docking facilities or fill in public waters and [~~$0.04~~] $0.10 per square foot for all other proposed projects under this chapter. At the time the permit application is submitted to the city or town clerk, the applicant shall provide postal receipts or copies, verifying that abutters, as defined in the rules of the department, and except as further provided in said rules, have been notified by certified mail. The postal receipts or copies shall be retained by the municipality. The town or city clerk shall immediately sign the application and forward by certified mail, the application, plan, map, and filing fee to the department. The town or city clerk shall then immediately send a copy of the permit application, plan, and map to the local governing body, the municipal planning board, if any, and the municipal conservation commission, if any, and may require an administrative fee not to exceed $10 plus the cost of postage by certified mail. One copy shall remain with the city or town clerk, and shall be made reasonably accessible to the public. The foregoing procedure notwithstanding, applications and fees for projects by agencies of the state may be filed directly with the department, with 4 copies of the application, plan, and map filed at the same time with the town or city clerk to be distributed as set forth above.

3 Excavation and Dredging Permits; Certain Exemptions. Amend RSA 482-A:3, XI (h) to read as follows:

(h) Application fees shall be $25 for residents of the state of New Hampshire and [~~$50~~] $100 for out-of-state applicants. Fees shall be collected by the department and held in accordance with paragraph III.

The Department of Environmental Services states this bill, as amended by the House, (House Amendment #2002-2786h), will increase state restricted revenue by $480,000 in FY 2003 and each year thereafter, and increase local expenditures by $48,000 in FY 2003 and each year thereafter. There will be no fiscal impact on county and local revenue or state and county expenditures.

The Department states this bill increases the fees for wetlands permits from $50, plus $.04 per square foot, to $.10 per square foot for dredge and fill projects, and from $100 per boat slip, plus $.04 per square foot to $2.50 per square foot for shoreline structures, such as docks, breakwaters, and boathouses. Assuming state FY 2001 activity levels, this bill will increase state revenues from wetlands permit application fees from $320,000 to $800,000, or a total increase of $480,000. The Department states approximately 10% of these fees are paid by local governments, and as a result, the changes would increase local expenditures by $48,000 in FY 2003 and each year thereafter.

The current wetlands fee account budget at full staffing is about $850,000. The proposed increase will produce annual revenues sufficient to cover $800,000 of the wetlands fee account budget, and the other $50,000 will be covered by fine revenues ($850,000 annual budget, minus $800,000 estimated annual revenue). Currently, shortfalls in revenue versus expenses are funded by drawing down the wetlands fee account, which is also supported by fines collected for violations of wetlands statutes and regulations. The wetlands fee account balance is currently higher than normal levels due to anomalous large permit application fees from interstate pipeline construction and fines.