{"id": "HB1597", "year": 1996, "term": "1995-1996", "title": "changing the wetlands board to the wetlands council.", "narrative": "It was introduced on January 3, 1996 and referred to the House Resources, Recreation and Development committee. The committee held a public hearing on January 9, 1996. The committee held work sessions on January 10, 1996, January 11, 1996, January 16, 1996, January 25, 1996, January 30, 1996 and February 1, 1996. The majority recommended that the House pass it with changes, and the minority recommended that the House kill it, by a vote of 13\u20134. On February 13, 1996 the House adopted \u201cSpecial Order to 02/15/1996\u201d. On February 15, 1996 the House voted to pass it with changes on a voice vote. It crossed to the Senate on February 21, 1996 and was referred to the Senate Environment committee. The committee held a public hearing on March 26, 1996. The committee voted unanimously, 6\u20130, to recommend that the Senate pass it with changes. On April 18, 1996 the Senate voted to pass it with changes on a voice vote. On May 1, 1996 the House voted to reject the other chamber's changes on a voice vote. On May 9, 1996 the Senate adopted \u201cAccede to Request for Committee of Conference\u201d on a voice vote. A committee of conference met on May 14, 1996 and May 21, 1996 to try to settle the differences between the two chambers' versions of the bill. On May 29, 1996 the Senate adopted \u201cConference Committee Report\u201d on a voice vote. On May 29, 1996 the House adopted \u201cConference Committee Report\u201d. An enrolled bill amendment (6161) was adopted on May 29, 1996. These correct technical errors found after passage. An enrolled bill amendment () was adopted on May 29, 1996. These correct technical errors found after passage. The bill was enrolled on May 29, 1996 \u2014 the final check of the text before it goes to the governor. The governor signed it on June 10, 1996, making it Chapter 296 of the session laws. It took effect on August 9, 1996.", "stages": [{"label": "House Committee (Resources, Recreation and Development)", "hand": "H:committee", "text": "It was introduced on January 3, 1996 and referred to the House Resources, Recreation and Development committee. The committee held a public hearing on January 9, 1996. The committee held work sessions on January 10, 1996, January 11, 1996, January 16, 1996, January 25, 1996, January 30, 1996 and February 1, 1996. The majority recommended that the House pass it with changes, and the minority recommended that the House kill it, by a vote of 13\u20134.", "notes": []}, {"label": "On the House Floor", "hand": "H:floor", "text": "On February 13, 1996 the House adopted \u201cSpecial Order to 02/15/1996\u201d. On February 15, 1996 the House voted to pass it with changes on a voice vote.", "notes": []}, {"label": "Senate Committee (Environment)", "hand": "S:committee", "text": "It crossed to the Senate on February 21, 1996 and was referred to the Senate Environment committee. The committee held a public hearing on March 26, 1996. The committee voted unanimously, 6\u20130, to recommend that the Senate pass it with changes.", "notes": []}, {"label": "On the Senate Floor", "hand": "S:floor", "text": "On April 18, 1996 the Senate voted to pass it with changes on a voice vote.", "notes": []}, {"label": "On the House Floor", "hand": "H:floor", "text": "On May 1, 1996 the House voted to reject the other chamber's changes on a voice vote.", "notes": []}, {"label": "On the Senate Floor", "hand": "S:floor", "text": "On May 9, 1996 the Senate adopted \u201cAccede to Request for Committee of Conference\u201d on a voice vote.", "notes": []}, {"label": "Committee of Conference", "hand": "C:conference", "text": "A committee of conference met on May 14, 1996 and May 21, 1996 to try to settle the differences between the two chambers' versions of the bill.", "notes": []}, {"label": "On the Senate Floor", "hand": "S:floor", "text": "On May 29, 1996 the Senate adopted \u201cConference Committee Report\u201d on a voice vote.", "notes": []}, {"label": "On the House Floor", "hand": "H:floor", "text": "On May 29, 1996 the House adopted \u201cConference Committee Report\u201d.", "notes": []}, {"label": "With the Governor", "hand": "G:governor", "text": "An enrolled bill amendment (6161) was adopted on May 29, 1996. These correct technical errors found after passage. An enrolled bill amendment () was adopted on May 29, 1996. These correct technical errors found after passage. The bill was enrolled on May 29, 1996 \u2014 the final check of the text before it goes to the governor. The governor signed it on June 10, 1996, making it Chapter 296 of the session laws. It took effect on August 9, 1996.", "notes": []}], "notes": [], "vote_note": "", "events": [{"date": "1996-01-03", "text": "INTRODUCED AND REF TO RES, REC & DEV; HJ4,P140", "routine": false, "cite": "HJ 4"}, {"date": "1996-01-03", "text": "COPY TO CHAIRMAN ON 12/15/95 DUE ON 02/07/96", "routine": false}, {"date": "1996-01-09", "text": "HEARING JAN09 01:30 RM301,LOB FOR: RR&D", "routine": false}, {"date": "1996-01-09", "text": "(SUBCOM CHR: REP W WILLIAMS)", "routine": false}, {"date": "1996-01-10", "text": "SUBCOM WORK SESSION JAN10 03:00 RM301,LOB FOR: RR&D", "routine": false}, {"date": "1996-01-11", "text": "SUBCOM WORK SESSION JAN11 01:30 RM301,LOB FOR: RR&D", "routine": false}, {"date": "1996-01-16", "text": "SUBCOM WORK SESSION JAN16 & JAN17 02:30 RM301,LOB FOR: RR&D", "routine": false}, {"date": "1996-01-25", "text": "SUBCOM WORK SESSION JAN25 01:00 RM301,LOB FOR: RR&D", "routine": false}, {"date": "1996-01-25", "text": "(SUBCOM CHR: REP W WILLIAMS)", "routine": false}, {"date": "1996-01-30", "text": "SUBCOM WORK SESSION JAN30 10:00 RM301,LOB FOR: RR&D", "routine": false}, {"date": "1996-02-01", "text": "SUBCOM WORK SESSION FEB01 12:30 RM301,LOB FOR: RR&D", "routine": false}, {"date": "1996-02-07", "text": "MAJ REPORT OTP/AM FOR FEB13 (VOTE 13-4)", "routine": false}, {"date": "1996-02-07", "text": "MIN REPORT ITL", "routine": false}, {"date": "1996-02-07", "text": "PROP MAJ AM<4799>; HC20,P654-669", "routine": false, "cite": "HC 20"}, {"date": "1996-02-13", "text": "SPECIAL ORDER TO FEB15, WITHOUT OBJECTION; HJ25,P820", "routine": true, "cite": "HJ 25"}, {"date": "1996-02-15", "text": "COMM AM, AA VV; PASSED WITH AM VV; HJ27,P924-933 + 964", "routine": false, "cite": "HJ 27"}, {"date": "1996-02-21", "text": "INTRODUCED AND REF TO ENVIRONMENT; SJ9,P113", "routine": false, "cite": "SJ 9"}, {"date": "1996-03-08", "text": "//CANCELLED//HEARING MAR19 01:30 RM104,LOB FOR: ENVIRON", "routine": false}, {"date": "1996-03-26", "text": "RESCHEDULED HEARING MAR26 3:00 RM104,LOB <NOTE TIME CHANGE>", "routine": false}, {"date": "1996-04-17", "text": "COMM REPORT OTP/AM APR18 (VOTE 6-0)", "routine": false}, {"date": "1996-04-17", "text": "PROP COMM AM<5776>: SC26,P15-18", "routine": false, "cite": "SC 26"}, {"date": "1996-04-18", "text": "COMM AM, AA VV; PASSED WITH AM VV; SJ20,P341-345 + 376", "routine": false, "cite": "SJ 20"}, {"date": "1996-05-01", "text": "HOUSE NONC WITH SEN AM REQ CONF COMM, REP DICKINSON MA VV; HJ59", "routine": false, "cite": "HJ 59"}, {"date": "1996-05-01", "text": "<SPKR APPTS REPS: DICKINSON, W WILLIAMS, ADLER & LOVETT> P1951", "routine": false}, {"date": "1996-05-09", "text": "SEN ACCEDED TO REQ FOR CONF COMM, SEN RUSSMAN MA VV; SJ23,P433", "routine": false, "cite": "SJ 23"}, {"date": "1996-05-09", "text": "<PRES APPTS SENS: RUSSMAN, F KING & PIGNATELLI>", "routine": false}, {"date": "1996-05-14", "text": "CONF COMM MEETING MAY14 10:00 RM301,LOB", "routine": false}, {"date": "1996-05-21", "text": "CONF COMM MEETING MAY21 09:00 RM301,LOB", "routine": false}, {"date": "1996-05-21", "text": "CONFEREE CHANGE: REP LOVETT REPLACES KIRBY; HJ69,P2107", "routine": false, "cite": "HJ 69", "plain": "Conferee changed: REP LOVETT replaces KIRBY"}, {"date": "1996-05-22", "text": "CONF COMM REPORT (SEN AM + NEW AM<6017>) FILED", "routine": false}, {"date": "1996-05-29", "text": "CONF COMM REPORT ADOPTED VV; SJ25,P525-526", "routine": false, "cite": "SJ 25"}, {"date": "1996-05-29", "text": "CONF COMM REPORT ADOPTED; HJ69,P2130", "routine": false, "cite": "HJ 69"}, {"date": "1996-05-29", "text": "ENROLLED AM<6161>, AA; HJ72,P2188-2196", "routine": false, "cite": "HJ 72", "plain": "Enrolled: the final text checked before it goes to the Governor"}, {"date": "1996-05-29", "text": "ENROLLED AM, AA; SJ25,P591-601", "routine": false, "cite": "SJ 25", "plain": "Enrolled: the final text checked before it goes to the Governor"}, {"date": "1996-05-29", "text": "ENROLLED; HJ72,P2197", "routine": false, "cite": "HJ 72", "plain": "Enrolled: the final text checked before it goes to the Governor"}, {"date": "1996-05-29", "text": "ENROLLED; SJ25,P617", "routine": false, "cite": "SJ 25", "plain": "Enrolled: the final text checked before it goes to the Governor"}, {"date": "1996-06-10", "text": "SIGNED BY GOVERNOR 06/10/96 EFF: 08/09/96 CHAP.0296", "routine": false}], "next_step": "Signed into law", "archived": {"docket": true, "sponsors": true, "reports": false, "votes": false, "video": false, "hearings": true, "committee": true}, "status_source": "General Court docket", "chapter": "296", "journey": {"steps": [{"date": "1996-02-15", "body": "H", "act": "passed", "mark": "p", "text": "Passed with an amendment on a voice vote"}, {"date": "1996-04-18", "body": "S", "act": "passed", "mark": "p", "text": "Passed with an amendment on a voice vote"}, {"date": "1996-05-01", "body": "H", "act": "nonconcurred", "mark": "h", "text": "Refused the Senate's amendment and asked for a committee of conference on a voice vote"}, {"date": "1996-05-29", "body": "S", "act": "conf_adopted", "mark": "p", "text": "Adopted the conference report on a voice vote"}, {"date": "1996-05-29", "body": "H", "act": "conf_adopted", "mark": "p", "text": "Adopted the conference report"}, {"date": "1996-06-10", "body": "G", "act": "signed", "mark": "p", "text": "Signed"}, {"date": "", "body": "L", "act": "law", "text": "Chapter 296, in effect Aug 9, 1996", "mark": "p"}], "rail": [{"stop": "Introduced", "mark": "p", "date": "1996-01-03", "say": "Introduced"}, {"stop": "House", "mark": "p", "date": "1996-02-15", "say": "Passed with an amendment on a voice vote"}, {"stop": "Senate", "mark": "p", "date": "1996-04-18", "say": "Passed with an amendment on a voice vote"}, {"stop": "Governor", "mark": "p", "date": "1996-06-10", "say": "Signed"}, {"stop": "Law", "mark": "p", "date": "1996-08-09", "say": "Chapter 296, in effect Aug 9, 1996"}]}, "text_url": "", "facts": {"gen_status": "SIGNED BY GOVERNOR", "house_status": "CONFERENCE REPORT ADOPTED", "senate_status": "CONFERENCE REPORT ADOPTED"}, "sponsors": [{"member_id": "", "name": "Dickinson", "party": "", "chamber": "H", "county": "Carroll", "district": "2", "label": "Rep. 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"recommendation": "OUGHT TO PASS WITH AMENDMENT", "vote_yeas": 6, "vote_nays": 0, "amendment": "", "new_title": false, "cite": "", "cite_url": ""}], "report_actions": [], "veto_message": null, "bill_note": null, "subject": "Environment - Administration", "subject_source": "granite record", "house_committee": "Resources, Recreation and Development", "senate_committee": "Environment", "lsr": "1996-2895", "docket_url": "https://gc.nh.gov/bill_status/legacy/bs2016/bill_docket.aspx?lsr=2895&sy=1996&txtsessionyear=1996&txtbillnumber=hb1597&sortoption=billnumber", "documents": [{"label": "Bill status page", "url": "https://gc.nh.gov/bill_status/legacy/bs2016/Bill_status.aspx?lsr=2895&sy=1996&txtsessionyear=1996&txtbillnumber=hb1597&sortoption=billnumber", "kind": "status"}, {"label": "Docket", "url": "https://gc.nh.gov/bill_status/legacy/bs2016/bill_docket.aspx?lsr=2895&sy=1996&txtsessionyear=1996&txtbillnumber=hb1597&sortoption=billnumber", "kind": "docket"}], "amendments": [{"num": "6161", "kind": "Enrolled Bill Amendment", "where": "enrolment", "date": "1996-05-29", "body": "H", "adopted": true, "vote_kind": "", "mover": "", "proposed_by": "", "text": "", "source": "", "targets": [], "supersedes": []}], "billtext": {"version": "", "title": "", "analysis": "This bill changes the wetlands board to the wetlands council.\n\nThis bill is a request of the study committee on the functions\nand responsibilities of the wetlands board established by 1995,\n184.\n\nThis bill also transfers funds appropriated for the salary\nand benefits of the director of the water resources division,\ndepartment of environmental services to wetlands administration.", "fiscal": {"lead": "", "tables": [{"caption": "", "raw": ["The Department of Environmental Services states that this", "bill, as amended by the House, may have an indeterminable fiscal", "impact on state expenditures. There will be no fiscal impact", "on county and local expenditures or on state, county and local", "revenues."]}]}, "body": "bold italics.\n\n\n[brackets].\n\n\nand reenacted appears in regular type.\n\n15feb96.....4799h\n\n4/18/96.....5776s\n\n29may96.....6017h CofC Rpt\n\n06/05/96....6161L-EBA\n\nCHAPTER 296\n\nHOUSE BILL - FINAL VERSION\n\n4120L\n\nHB 1597\n\nOne Thousand Nine Hundred and Ninety-Six\n\nchanging the wetlands board to the wetlands council.\n\nBe it Enacted by the Senate and House of\n\nRepresentatives in General Court convened:\n\n296:1 Reference Changed. Amend RSA 4:40-a and 4:40-b\nto read as follows:\n\n4:40-a Grant of Right. The governor and council, upon\npetition and upon recommendation of the [wetlands board] division\nof water resources, department of environmental services, and\nafter consultation with the fish and game commission and such\nother state agencies as may be involved, may, for such consideration\nas they deem just, convey sand and gravel which is on the bed\nof any navigable water or great pond, in accordance with the provisions\nof this subdivision. For the [purpose hereof] purposes of\nthis section great pond is defined as a public water of more\nthan 10 acres.\n\n4:40-b Petition. Every petition for such sand or gravel\nshall be referred to the [wetlands board and said board] division\nof water resources, department of environmental services. The\ndivision, after due notice to abutters and others as deemed\nnecessary and upon investigation, shall make its recommendations\nto the governor and council. If the [board] division shall\nrecommend that the petition be granted such recommendation shall\ninclude appropriate specifications and conditions necessary to\nthe protection of public rights and to the protection of the rights\nand privileges of persons owning land in the vicinity of the area\nfrom which [said] the sand or gravel is to be taken.\n\n296:2 Reference Changed to Wetlands Council. Amend RSA\n4-C:6, II(c) to read as follows:\n\n(c) Wetlands [board) council as\nestablished in RSA [482-A:5] 21-O:5-a;\n\n296:3 Reference Deleted. Amend RSA 21-O:3, IV to read\nas follows:\n\nIV. Have the authority to adopt rules, pursuant\nto RSA 541-A, necessary to assure the continuance or granting\nof federal funds or other assistance intended to promote the administration\nof this chapter, not otherwise provided for by law, and to adopt\nall rules necessary to implement the specific statutes administered\nby the department or by any division or unit within the department,\nwhether the rulemaking authority delegated by the legislature\nis granted to the commissioner, the department, or any administrative\nunit or subordinate official of the department. The [wetlands\nboard, the] water well board[,] and the state board for the licensing\nand regulation of plumbers shall be exempt from the rulemaking\nprovisions described in this section.\n\n296:4 Reference Removed. Amend RSA 21-O:4 to read as\nfollows:\n\n21-O:4 Division of Water Resources. There is established\nwithin the department the division of water resources, under the\nsupervision of an unclassified director of water resources who\nshall also serve as the [chairman] chairperson of the water\nresources council established by RSA 481:4. The division, through\nits officials, shall be responsible for the former executive functions,\nduties, and responsibilities of the water resources board. The\nwater resources council shall be a corporation in the same manner\nas was the former water resources board, and the council\nshall receive administrative support from the division. The [wetlands\nboard and the] water well board shall be [agencies] an agency\nadministered by the department. The director shall be responsible\nfor collecting and recording data on matters relevant to the functional\nresponsibilities of the division and providing such data to the\nadministrative services unit in the office of the commissioner\nfor inclusion in the department data base.\n\n296:5 Reference Changed to Wetlands Council. Amend RSA\n21-O:5, IV to read as follows:\n\nIV. The water resources council shall hear and\ndecide all appeals from department decisions, relative to the\nfunctions and responsibilities of the division of water resources\nin accordance with RSA 21-O:14, except decisions [of the wetlands\nboard for which a rehearings and appeals process is provided under\nRSA 482-A:10] under RSA 482-A which shall be heard and decided\nby the wetlands council.\n\n296:6 New Section; Wetlands Council Established. Amend\nRSA 21-O by inserting after section 5 the following new section:\n\n21-O:5-a Wetlands Council.\n\nI. There is established a wetlands council for\nthe purpose of implementing the provisions of law conferring on\nthe division authority to decide matters relative to resources\nof the state, including, but not limited to, excavating, dredging\nand filling waters of the state. Appointees and officials shall\nhave voting rights as members of the wetlands council; provided,\nhowever, that nothing in this section shall be construed as affecting\nother duties of the division with reference to dams, water levels,\nand administration of the division or the department of environmental\nservices. The wetlands council shall be composed of the following:\n\n(a) The executive director of the department\nof fish and game or designee.\n\n(b) The commissioner of transportation\nor designee.\n\n(c) The commissioner of resources and\neconomic development or designee.\n\n(d) The director of the office of state\nplanning or designee.\n\n(e) The commissioner of the department\nof environmental services or designee.\n\n(f) The commissioner of safety or designee.\n\n(g) Six members of the public appointed\nby the governor and council for a term of 3 years or until a successor\nis chosen. One of these shall be a member of a municipal conservation\ncommission at the time of appointment, and be one of 3 nominees\nsubmitted by the New Hampshire Association of Conservation Commissions;\none shall be a supervisor, associate supervisor, former associate\nsupervisor or former supervisor, of a conservation district at\nthe time of appointment, and be one of 3 nominees submitted by\nthe New Hampshire Association of Conservation Districts; one shall\nbe an elected municipal official at the time of appointment, and\nbe one of 3 nominees submitted by the New Hampshire Municipal\nAssociation; one shall be a member of the non-marine construction\nindustry at the time of appointment, and be nominated by the governor;\none shall be a member of the marine construction industry at the\ntime of appointment and be nominated by the governor; and one\nshall have experience in environmental protection and resource\nmanagement at the time of appointment and be one of 4 nominees\nsubmitted 2 each, by the New Hampshire Audubon Society and the\nSociety for the Protection of New Hampshire Forests. One member\nof the council shall be elected annually as chairperson by the\nmembers of the council.\n\nII. The 6 members appointed under subparagraph\nI(g) shall be entitled to expenses and $50 compensation per diem.\nThe other members of the council shall receive no additional\ncompensation for their service as members of the council, other\nthan their regular salaries from their respective state departments,\nbut shall receive mileage and other expenses paid at the rate\nset for state employees.\n\nIII. The wetlands council shall receive administrative\nsupport from the department.\n\nIV. The council shall consult with and advise\nthe director of the water resources division, on a continuing\nbasis with respect to the policy, programs, goals, and operations\nof the division as they relate to wetlands with particular emphasis\non long-range planning for the division and on education of the\npublic relative to the functions of the division. In order to\naccomplish these purposes, the council shall meet with the director\nnot less frequently than quarterly, or at the call of the chairperson\nor 3 council members. The council shall file annually a report\nof its deliberations and recommendations with the commissioner\nof the department of environmental services and the governor and\ncouncil.\n\nV. The wetlands council shall hear and decide\nall appeals from department decisions relative to the functions\nand responsibilities of the water resources division which relate\nto wetlands, in accordance with rules adopted by the council.\n\nVI. The director of the division of water resources\nshall present all proposed rules relative to wetlands to the wetlands\ncouncil for consideration prior to filing a notice of proposed\nrule under RSA 541-A:6. The council shall present any objections\nto proposed rules to the director in writing within 15 days.\nThe commissioner may adopt a rule to which the council has objected\nonly after presenting a written reply to the council detailing\nthe reasons for adopting the rule over the objections of the council.\n\nVII. The council shall adopt rules in accordance\nwith the rulemaking provisions of RSA 541-A to govern its proceedings.\nThe council shall be subject to the requirements of RSA 541-A:36,\nnotwithstanding RSA 21-O:14.\n\n296:7 Reference Changed. Amend RSA 21-O:14 to read as\nfollows:\n\n21-O:14 Administrative Appeals.\n\nI. For purposes of this chapter, \"department\ndecision\" means the final action on an application, petition,\norder or request taken by the commissioner or any department official\nwho has statutory authority to make such final decision or to\nwhom the commissioner has properly delegated the authority to\ntake such final action. \"Department decision\" shall\nnot mean rulemaking or an agency declaratory ruling as provided\nfor in RSA 541-A, and shall not include any decisions [of the\nwetlands board for which a rehearings and appeals process is provided\nunder RSA 482-A:10] of the wetlands council.\n\nII. Hearings before all councils, except the\nwetlands council, established by this chapter shall be conducted\nin accordance with the provisions of RSA 541-A governing adjudicative\nproceedings.\n\nIII. Persons aggrieved by the disposition of\nadministrative appeals before any council established by this\nchapter, except the wetlands council, may appeal such\nresults in accordance with RSA 541.\n\nIV. The councils established under this chapter\nmay adopt rules under RSA 541-A to govern the conduct of administrative\nappeals under this section.\n\n296:8 Reference Changed. Amend 155-E:4-a, II-a to read\nas follows: II-a. No excavation shall be permitted\nwithin 75 feet of any great pond, navigable river, or any other\nstanding body of water 10 acres or more in area or within 25 feet\nof any other stream, river or brook which normally flows throughout\nthe year, or any naturally occurring standing body of water less\nthan 10 acres, prime wetland as designated in accordance with\nRSA 482-A:15, I or any other wetland greater than 5 acres in area\nas defined by the [wetlands board] division of water resources,\ndepartment of environmental services.\n\n296:9 Reference to Wetlands Board Changed. Amend RSA\n227-J:6 to read as follows:\n\n227-J:6 Operations in Wetlands.\n\nI. Pursuant to RSA 482-A no person shall excavate,\nremove, fill, dredge, or construct any structures in or on any\nbank, flat, marsh, or swamp in and adjacent to any waters of the\nstate without a permit from the [wetlands board] division of\nwater resources, department of environmental services. Failure\nto comply with these requirements may result in penalties under\nRSA 482-A.\n\nII. Pursuant to RSA 482-A:3, V, persons who have\ncomplied with notice of intent to cut wood requirements under\nRSA 79:10, and who have filed an appropriate notification of forest\nmanagement activities having minimum wetlands impact with [the\nwetlands board and] the division of water resources, department\nof environmental services, and the department of resources\nand economic development, shall have satisfied the permitting\nrequirements for minimum impact activities.\n\nIII. Pursuant to the rules of the [wetlands board]\ndivision of water resources, department of environmental services,\nskid trails, truck roads and culverts, bridges, pole fords, or\nother crossings on the skid trails or truck roads shall be constructed\nin accordance with procedures as currently cited in the Best Management\nPractices for Erosion Control on Timber Harvesting Operations\nin New Hampshire, published by the department.\n\n296:10 Reference Changed. Amend RSA 270:71, II to read\nas follows: II. The office of state planning[, the\nwetlands board and the water supply and pollution control division\nof] and the department of environmental services shall\nreview these rules and make recommendations to the division.\n\n296:11 Reference Changed. Amend RSA 482:19, III to read\nas follows:\n\nIII. The [division, the wetlands board, and the\ndivision of water supply and pollution control] department\nshall deny any applicant violating this section any permit necessary\nfor study and subsequent construction of the proposed project.\nThe [division, wetlands board, and the division of water supply\nand pollution control] department shall notify the Federal\nEnergy Regulatory Commission of any denial under this section.\n\n296:12 Definition Amended. RSA 482-A:2, I is repealed\nand reenacted to read as follows:\n\nI. \"Commissioner\" means the commissioner\nof environmental services.\n\n296:13 New Paragraphs; Definitions Added. Amend RSA\n482-A:2 by inserting after paragraph I the following new paragraphs:\n\nI-a. \"Council\" means the wetlands council\nestablished in RSA 21-O:5-a.\n\nI-b. \"Department\" means the department\nof environmental services.\n\nI-c. \"Director\" means the director\nof the division of water resources.\n\n296:14 References Changed. Amend RSA 482-A:3, I-V to\nread as follows:\n\nI. No person shall excavate, remove, fill, dredge\nor construct any structures in or on any bank, flat, marsh, or\nswamp in and adjacent to any waters of the state without a permit\nfrom the [wetlands board] division. The permit application\ntogether with a detailed plan and a map showing the exact location\nof the proposed project, along with 4 copies of the permit application,\nplan and map, shall be submitted to the town or city clerk, accompanied\nby a filing fee in the form of a check made out by the applicant\nto the state of New Hampshire [wetlands board]. The permit\napplication fee shall be $50 for minimum impact projects. Fees\nfor minor and major projects shall be assessed based on the area\nof dredge or fill proposed and the number of boat slips requested.\nThe rates shall be $100 per boat slip and $0.025 per square foot.\nAt the time the permit application is submitted to the city or\ntown clerk, the applicant shall provide postal receipts or copies,\nverifying that abutters, as defined in the rules of the [wetlands\nboard] department, and except as further provided in said\nrules, have been notified by certified mail. The postal receipts\nor copies shall be retained by the municipality. The town or\ncity clerk shall immediately sign the application and forward\nby certified mail, the application, plan, map and filing fee to\nthe [wetlands board] division. The town or city clerk\nshall then immediately send a copy of the permit application,\nplan and map to the local governing body, the municipal planning\nboard, if any, and the municipal conservation commission, if any,\nand may require an administrative fee not to exceed $10 plus the\ncost of postage by certified mail. One copy shall remain with\nthe city or town clerk, and shall be made reasonably accessible\nto the public. The foregoing procedure notwithstanding, applications\nand fees for projects by agencies of the state may be filed directly\nwith the [wetlands board] division, with 4 copies of the\napplication, plan and map filed at the same time with the town\nor city clerk to be distributed as set forth above.\n\nII.(a) The [wetlands board] division shall\nsubmit to the governor and council all requests for permits approved\nby the [board] division which meet the definition of major\nprojects located in great ponds or public-owned water bodies under\nthe rules of the [wetlands board] department which have\nbeen approved by the [board] division.\n\n(b) The governor and council shall consider\nthe request for permit transmitted by the [board] division.\nThe governor and council may approve as transmitted or\ndeny the submitted request. Following action by the governor\nand council the requests shall be returned to the [board] division\nfor permitting, if approved, or filing, if denied.\n\nIII. The filing fees collected pursuant to paragraphs\nI, V(c), XI(h), and XII(c) are appropriated to and shall be expended\nby the [wetlands board] division for paying per diem and\nexpenses of the public members of the council, reviewing\napplications and activities relative to the wetlands of the state,\nconducting field investigations, and holding public hearings.\nSuch fees shall be held by the treasurer in a nonlapsing fund\nidentified as the wetlands [board] review fund.\n\nIV.(a) The replacement or repair of existing\nstructures in or adjacent to any waters of the state which does\nnot involve excavation, removal, filling, or dredging in any waters\nor of any bank, flat, marsh, or swamp is exempt from the provisions\nof this chapter.\n\n(b) Nontidal drainage ditches, culverts,\ncatch basins, and man-made detention ponds that have been legally\nconstructed to collect and convey storm water and spring run-off,\nand that have been maintained so that wetlands vegetation has\nnot become dominant, may be cleaned out when necessary to preserve\ntheir usefulness without a permit from the [wetlands board]\ndivision. Such drainage facilities may be cleaned out by\nhand or machine, provided that the facility is neither enlarged\nnor extended into any area of wetlands [board] jurisdiction of\nthe division of water resources, dredged spoils are deposited\nin areas outside wetlands [board] jurisdiction of the division\nof water resources, and wetlands or surface waters outside\nthe limits of the constructed drainage facility are neither disturbed\nnor degraded.\n\nV.(a) Persons who have complied with notice of\nintent to cut wood requirements under RSA 79:10, and who have\nfiled an appropriate notice of intent with the [wetlands board]\ndivision and the department of resources and economic development,\nshall have satisfied the permitting requirements of this section\nfor minimum impact activities only as defined by rules adopted\nby the [wetlands board] commissioner.\n\n(b) Appropriate notice to the [wetlands\nboard] division and the department of resources and economic\ndevelopment shall include the following information:\n\n(1) Name and address of property\nowner;\n\n(2) Name and address of logger\nor forester;\n\n(3) Town, tax map, number and\nlot number of job site; and\n\n(4) A copy of the appropriate\nUnited States Geological Survey topographic map, or a copy of\nthe appropriate United States Natural Resources Conservation Service\nsoils map, with the type and location of all wetland and waterbody\ncrossings clearly indicated.\n\n(c) A $25 filing fee shall accompany\nthe notice to the [wetlands board] division. Such fees\nshall be held in accordance with paragraph III.\n\n(d) The filing of an intent to cut form\nunder RSA 79:10 shall be considered as permission to the [wetlands\nboard] division or the department of resources and economic\ndevelopment, or their agents, to enter the property for determining\ncompliance with this chapter.\n\n(e) The certificate issued under RSA\n79:10 shall be posted upon receipt. Prior to receipt of such\ncertificate, a copy of the intent to cut form, signed by the appropriate\nmunicipal official, shall be available on the job site, and shall\nbe shown to any person who asks to see it.\n\n296:15 Reference Changed. Amend RSA 482-A:3, VII to\nread as follows:\n\nVII. No person shall destroy, raze, deface, reduce,\nalter, build upon or remove any sand or vegetation from any sand\ndune in this state without a permit from the [wetlands board]\ndivision; provided, however, that any person may remove sand\nwhich blows or drifts onto any lawn, driveway, walkway, parking\nor storage area, or boat ramp, or which blows or drifts in, on,\nor around buildings or other structures owned by the person.\nUpon request of the property owner, the [wetlands board] division\nshall provide a preapplication assessment of any lot of record\nlocated in sand dunes.\n\n296:16 Reference Changed. Amend RSA 482-A:3, X-XII to\nread as follows:\n\nX. The maximum cash application fee for the New\nHampshire department of transportation shall be $10,000 per application\nplus provisions for technical or consulting services or a combination\nof such services as necessary to meet the needs of the [wetlands\nboard] division. The [wetlands board] division\nmay enter into a memorandum of agreement with the New Hampshire\ndepartment of transportation to accept equivalent technical or\nconsulting services or a combination of such services in lieu\nof a portion of their standard application fees.\n\nXI.(a) Small motor mineral dredging shall be\nlimited to activities which are classified as minimum impact under\nrules adopted by the [wetlands board] commissioner under\nRSA 482-A:11 and which do not exceed the following limits:\n\n(1) Power equipment shall be\nlimited to 5 horsepower.\n\n(2) Suction dredges shall be\nlimited to a single 4-inch diameter intake nozzle.\n\n(3) Sluice and rocker boxes shall\nbe limited to 10 square feet.\n\n(b) Any person who wishes to engage in\nsmall motor mineral dredging shall obtain a permit from the [wetlands\nboard] division. A permit application shall be filed directly\nwith the [wetlands board] division, and the procedural\nrequirements of RSA 482-A:3, I and RSA 482-A:11, III shall\nnot apply. Any permit issued by the [wetlands board] division\nunder this paragraph shall expire at the end of the calendar year\nin which it is issued. Any person who engages in panning only\nshall not be required to obtain a permit but shall be subject\nto rules of the [wetlands board] department. Panning shall\ninclude those activities associated with the manual search for\nminerals in a river bed without the use of motorized equipment.\n\n(c) Any person wishing to engage in mineral\ndredging which in any way exceeds the limits of small motor mineral\ndredging shall first obtain, in addition to a wetlands [board]\npermit, a mining permit from the department of resources and economic\ndevelopment pursuant to RSA 12-E.\n\n(d) The [wetlands board] commissioner\nshall adopt rules, under RSA 541-A, relative to:\n\n(1) Small motor mineral dredging\nand panning.\n\n(2) The issuance of statewide\nsmall motor mineral dredging permits.\n\n(3) Any other matters relative\nto small motor mineral dredging and panning.\n\n(e) The state shall retain the right\nto prohibit panning and mineral dredging activity at certain times\nor in certain locations when such activity would be detrimental\nto the public interest for reasons including, but not limited\nto, environmental and wildlife protection.\n\n(f) Any person who has obtained a small\nmotor mineral dredging permit from the [wetlands board] division\npursuant to this paragraph, or any person who intends to engage\nin any panning activity shall, prior to engaging in any small\nmotor mineral dredging or panning activity, obtain the written\npermission to engage in such activity from the riverbed landowner\non whose property the activity is to be conducted.\n\n(g) The [wetlands board] department\nmay enter into a cooperative agreement with the fish and game\ndepartment relative to enforcement of the provisions of this paragraph.\n\n(h) Application fees shall be $25 for\nresidents of the state of New Hampshire and $50 for out-of-state\napplicants. Fees shall be collected by the [wetlands board] division\nand held in accordance with paragraph III. [Small motor mineral\ndredging permits shall be valid for a period of one year.]\n\nXII.(a) Persons who construct and maintain recreational\ntrails in accordance with the Trail Administrators Manual published\nby the department of resources and economic development and who\nhave filed an appropriate notice, as described in subparagraph\n(b), to construct or maintain such trails with the [wetlands board]\ndivision and the department of resources and economic development\nshall have satisfied the permitting requirements of this section\nfor minimum impact activities, as defined by rules adopted by\nthe [wetlands board] commissioner.\n\n(b) Appropriate notice to the [wetlands\nboard] division and the department of resources and economic\ndevelopment shall include the following information:\n\n(1) Name and address of organization\nconstructing or maintaining the recreational trail.\n\n(2) Name and address of property\nowner.\n\n(3) Town, tax map number, and\nlot number of property.\n\n(4) A copy of the appropriate\nUnited States Geological Survey topographic map with the type\nand location of all wetland and waterbody crossings clearly indicated.\n\n(c) A $25 filing fee shall accompany\nthe notice to the [wetlands board] division. Such fees\nshall be held in accordance with paragraph III.\n\n296:17 Reference Changed. Amend RSA 482-A:6 to read\nas follows:\n\n482-A:6 Powers of [Wetlands Board] Division.\n\nI. The [wetlands board] division may deny\nthe petition or may require the installation of bulkheads, barriers,\nproper retention or containment structures, or both, to prevent\nsubsequent fill runoff back into waters or other protective measures.\n\nII. To perform its duties under this chapter,\nit shall be lawful for the [board] division, its agents\nor employees to enter upon any lands in the state.\n\nIII. Whenever it is found that a wetlands is\nat immediate risk from dredging, filling, or other activity in\nviolation of this chapter, the [board] division may issue\nan emergency order in writing requiring the immediate cessation\nof such activity. Any person to whom such an order is directed\nshall comply immediately, but may [ask for a rehearing and appeal\nto the superior court for the county where the land in question\nis located under the same procedures as are provided for appeals\nin RSA 677:2-14] request reconsideration and then appeal as\nprovided in RSA 482-A:10. [Each appeal shall contain a detailed\ndescription of the land involved in the board's order. Service\nof the appeal shall be made on any member of the board and the\nsuperior court shall have the same jurisdiction to dispose of\nsuch appeals as is provided in RSA 677:2-14 governing appeals.]\n\nIV. The [wetlands board] division may\nissue an order to any person in violation of this chapter, a rule\nadopted under this chapter or any condition in a permit issued\nunder this chapter to comply with this chapter, the rule or the\npermit, and require such remedial measures as may be necessary.\nAny person to whom such an order is directed may [apply for a\nrehearing and may appeal to the superior court for the county\nwhere the land in question is located under the same procedures\nas are provided for appeals in RSA 677:2-14] request reconsideration\nand then appeal as provided in RSA 482-A:10. [Each appeal\nshall contain a detailed description of the land involved in the\nboard's order. Service of the appeal shall be made on any member\nof the board and the superior court shall have the same jurisdiction\nto dispose of such appeals as is provided in RSA 677:2-14 governing\nappeals.]\n\n296:18 References Changed. Amend RSA 482-A:7-9 to read\nas follows:\n\n482-A:7 Gifts, Grants or Donations. The [wetlands board]\ndivision is authorized to solicit and receive any gifts,\ngrants or donations made for the efforts of the [wetlands board\nas established by RSA 482-A:5] division under the provisions\nof this chapter and to disburse and administer the same through\nthe division.\n\n482-A:8 Public Comment and Hearing. [The board\nshall hold a public hearing on proposals under RSA 482-A:3 in\naccordance with rules adopted by the board, within 60 days of\nthe receipt of said notice, and shall notify by mail the person\nintending to do such excavating, removing, filling, dredging or\naltering, the local governing body of the municipality involved,\nthe planning board, if any, the municipal conservation commission,\nif any, and the members of the board]. The division shall\nprovide a reasonable opportunity for public comment on proposals\nunder RSA 482-A:3 and shall hold a public hearing for projects\nwith significant impact on the resources protected by this chapter\nor of substantial public interest. The division shall notify\nby mail, the applicant and the property owner if different,\nthe local governing body of the municipality involved, the planning\nboard, if any, and the municipal conservation commission, if any,\nof the hearing. The division shall maintain a chronological file\nof all applications received under RSA 482-A:3, which shall be\navailable for public review during normal business hours. The\n[requirement of public] hearing requirement in this section\nmay not apply to such minor projects and to such minor improvements\nof the shoreline of those waters subject to the jurisdiction of\nthis chapter as the [board] division may by reasonable\n[general] rule provide[, and as to such projects initial review\nauthority may be delegated to a subcommittee or the staff of the\nboard]. The hearing requirements of RSA 541-A:30 shall be\nsatisfied by a hearing on reconsideration in accordance with RSA\n482-A:10, III.\n\n482-A:9 Notice to Abutters. Like notice shall be mailed\nto all known abutting landowners, supplemented by reasonable notice\nby newspaper publications to those unknown, as may be ordered\nby the [wetlands board] division.\n\n296:19 Appeals; Damages. RSA 482-A:10 is repealed and\nreenacted to read as follows:\n\n482-A:10 Appeals.\n\nI. Any person aggrieved by a decision made by\nthe division under RSA 482-A:3 or subject to an order of\nthe division under RSA 482-A:6 may apply for reconsideration by\nthe division, and then may appeal to the wetlands council and\nto the superior court as provided in this section. A person aggrieved\nunder this section shall include without limitation, the applicant\nand any person required to be noticed by mail in accordance with\nRSA 482-A:8 and RSA 482-A:9.\n\nII. A request for reconsideration shall be filed\nwith the division within 20 days of issuance of the division's\ndecision or order. The request for reconsideration shall describe\nin detail each ground for complaint. No ground not set forth\nin the request for reconsideration shall be considered by the\ncouncil, or by the superior court except as provided in paragraph\nVIII of this section.\n\nIII. On reconsideration, the division shall receive\nand consider any new and additional evidence presented, and shall\nmake findings of fact and rulings of law in support of its decision\nafter reconsideration. The division may hold a public hearing\nin accordance with its rules. Reconsideration hearings shall\nnot be subject to the requirements of RSA 541-A. Reconsideration\nhearings shall be noticed in accordance with RSA 482-A:8 and RSA\n482-A:9, and the division shall make a record of the proceedings.\nThe division shall grant or deny the application for reconsideration\nwithin 30 days of the service of the application or explain in\nwriting to the applicant why the application cannot be acted on\nand a statement of the time reasonably necessary to act on the\napplication.\n\nIV. An appeal from a decision of the division\nafter reconsideration shall be filed with the wetlands council\nwithin 30 days of the division's decision. Filing of the appeal\nshall be made by certified mail to the chairperson of the council,\nwith a copy sent to the division. An appeal to the council shall\ncontain a detailed description of the land involved in the division's\ndecision and shall set forth fully every ground upon which it\nis claimed that the decision complained of is unlawful or unreasonable.\n\nV. The council on appeal shall hold a non-evidentiary\nhearing as provided in its rules. The hearing shall be noticed\nin accordance with RSA 482-A:8 and RSA 482-A:9. The division\nshall provide the council with its record of decision upon receiving\nnotice of the hearing. The appeal shall be determined upon the\nrecord below. The burden of proof shall be on the party seeking\nto set aside the division's decision to show that the decision\nis unlawful or unreasonable. All findings of the division upon\nall questions of fact properly before it shall be prima facie\nlawful and reasonable.\n\nVI. On appeal, the council may affirm the decision\nof the division or may remand to the division with a determination\nthat the decision complained of is unlawful or unreasonable.\nThe council shall specify the factual and legal basis for its\ndetermination and shall identify the evidence in the record that\nsupports its decision.\n\nVII. Any party aggrieved by a decision of the\ncouncil may apply to the council for reconsideration within 20\ndays of the council's order. The council shall grant or deny\nthe application for reconsideration at its first regularly scheduled\nmeeting after service of the application. The council may grant\nsuch application if in its opinion good reason therefor is stated.\n\nVIII. Any person aggrieved by a decision of the\ncouncil after reconsideration may appeal to the superior court\nfor the county where the land in question is located by petition\nwithin 30 days of issuance of such decision. The petition shall\nset forth each ground upon which the decision is claimed to be\nunlawful or unreasonable, in whole or in part. No ground not\nset forth in the application for reconsideration shall be given\nany consideration by the court unless the court for good cause\nshown shall allow the appellant to specify additional grounds.\n\nIX. In the case of a remand to the division by\nthe council, the division may accept the council's determination\nand reissue a decision or order, imposing such conditions as are\nnecessary and consistent with the purposes of this chapter, or\nmay appeal as provided in paragraphs VII and VIII.\n\nX. Any hearing by the superior court upon appeal\nunder this section shall be given priority on the court calendar.\n\nXI. On appeal to the superior court, the burden\nof proof shall be upon the party seeking to set aside the decision\nof the council to show that the decision is unlawful or unreasonable.\nThe council's decision shall not be set aside or vacated, except\nfor errors of law, unless the court is persuaded, by a preponderance\nof the evidence before it, that said decision is unjust or unreasonable.\n\nXII. Any person whose rights may be directly\naffected by the outcome of the appeal may appear and become a\nparty, or the court may order such persons to be joined as parties\nas justice may require.\n\nXIII. Upon the filing of an appeal, the clerk\nof court shall issue an order requiring a certified copy of the\nrecord of the appeal to be filed with the court by the council.\nThe record shall consist of the council's decision, the division's\nrecord of decision as submitted to the council and the record\nof the hearing before the council.\n\nXIV. All evidence transferred by the council\nshall be considered by the court regardless of any technical rule\nwhich might have rendered the evidence inadmissible if originally\noffered in the trial of an action at law. The court may receive\nand consider such additional evidence as would be permissible\nunder RSA 677:10.\n\nXV. The final judgment upon every appeal shall\nbe a decree dismissing the appeal, or vacating the decision complained\nof in whole or in part, as the case may be; but, in case such\ndecision is wholly or partly vacated, the court may also, in its\ndiscretion, remand the matter to the council for such further\nproceedings, not inconsistent with the decree, as justice may\nrequire.\n\nXVI. An order of court to send up the record\nmay be complied with by filing either the original papers or duly\ncertified copies thereof, or of such portions thereof as the order\nmay specify, together with a certified statement of such other\nfacts as show the grounds of the action appealed from.\n\nXVII. The court may take evidence or appoint\na referee to take such evidence as it may direct and report the\nsame with the referee's findings of fact and conclusions of law.\n\nXVIII. If a permit is granted with respect to\nany activity proposed to be undertaken in or adjacent to a prime\nwetland as mapped, designated, and filed pursuant to RSA 482-A:15,\nthe conservation commission or local governing body may appeal\nsaid decision to the superior court in the manner prescribed in\nthis section. The filing of a request for reconsideration shall\nautomatically stay the effectiveness of the division's decision\nrelating to said prime wetland. Said stay shall remain in force\nuntil the division has issued its decision after reconsideration.\n\n296:20 New Section; Damages. Amend RSA 482-A by inserting\nafter section 10 the following new section:\n\n482-A:10-a Damages.\n\nI. If, upon appeal of the landowner, the superior\ncourt determines that the decision appealed from so exceeds the\nbounds of the police power as to constitute the equivalent of\ntaking without compensation and that the land as so regulated\nmeets the public purpose standards of this chapter, and if such\nruling is affirmed on appeal or becomes the law of the trial by\nfailure of the state to appeal, the superior court shall then\nproceed to the assessment of the landowner's damages. Unless\nthe division, at this stage, consents to the reversal or modification\nof its decision by the superior court, that court shall first\ndetermine all questions of land title, after notice to all persons\ninterested in the land, including notice by publication to any\nunknown owners, and then shall assess the damages of the landowner\nor landowners proceeding as provided in RSA 482:35-38, inclusive,\nand RSA 498-A:27, and may enter judgment against the state accordingly.\nThe interest acquired by the state by virtue of such proceedings\nshall be a perpetual negative easement that the privately-owned\nland or interest in the land described in the proceedings shall\nnot thereafter be excavated, removed, filled, dredged, canalized\nor ditched, subject to any such reasonable reservations to the\nlandowner as the division may have stipulated to prior to the\nassessment of damages. The state may, in the alternative, purchase\nthe land or interest in the land in fee simple or other acceptable\ntitle, or subject to acceptable reservations and exceptions, by\nagreement with the landowner. To satisfy any judgment or purchase\nagreement under this section, the governor and council, in their\ndiscretion, may draw their warrant on the marine fisheries fund,\nthe fish and game fund, any other available appropriation for\nsuch purpose, or on any money in the treasury not otherwise appropriated,\nor any combination of such funds, as they may determine to be\njust and reasonable, or, in the alternative, they may certify\na judgment to the next session of the general court for the passage\nof an appropriation of money sufficient to satisfy the same.\nThe division may, in the name of the state, accept gifts of land\nor interests in land for the purposes of this chapter.\n\nII. The use of the marine fisheries fund or the\nfish and game fund under paragraph I shall require a finding that\nthe expenditure will be of substantial benefit to marine fisheries\nor to fish and wildlife, as the case may be, and the governor\nand council shall request the prior opinion of the fish and game\ncommission in each such case.\n\n296:21 References Changed. Amend RSA 482-A:11-13 to\nread as follows:\n\n482-A:11 Administrative Provisions.\n\nI. The [board] commissioner shall adopt\nreasonable rules, pursuant to the rulemaking provisions of RSA\n541-A, to [govern its proceedings and otherwise] implement the\npurposes of this chapter.\n\nII. Decisions of the [board] division or council\nunder this chapter shall be consistent with the purposes of this\nchapter as set forth in RSA 482-A:1. Before granting a permit\nunder this chapter, the [board] division may require reasonable\nproof of ownership by a private landowner-applicant. If a permit\nis granted, the decision of the [board] division may contain\nreasonable conditions designed to protect the public good. No\npermit to dredge or fill shall be granted if it shall infringe\non the property rights or unreasonably affect the value or enjoyment\nof property of abutting owners.\n\nIII. Upon written notification to the [board]\ndivision by a municipal conservation commission that it\nintends to investigate any notice received by it pursuant to RSA\n482-A:3, the [board] division shall suspend action upon\nsuch notice and shall not make its decision on the notice of a\nminor project nor hold a hearing on it if a major project until\nit has received and acknowledged receipt of a written report from\n[said] such commission, or until 40 days from the date\nof filing with the municipal clerk of [said] such notice,\nwhichever occurs earlier, subject to an extension as permitted\nby the [board] division. In connection with any local\ninvestigation, a conservation commission may hold a public informational\nmeeting or a public hearing, the record of which shall be made\na part of the record of the [board] division. If a conservation\ncommission makes a recommendation to the [board] division\nin its report, the [board] division shall specifically\nconsider such recommendation and shall make written findings with\nrespect to each issue raised in such report which is contrary\nto the decision of the [board] division. If notification\nby a local conservation commission pursuant to this paragraph\nis not received by the [board] division within 14 days\nfollowing the date the notice is filed with the municipal clerk,\nthe [board] division shall not suspend its normal action,\nbut shall proceed as if no notification has been made.\n\n[IV. The board shall make written findings of\nfact in support of all decisions made on applications involving\nprojects other than minor projects and improvements as defined\npursuant to RSA 482-A:8.\n\nV.] IV. The [board] division shall\nnot grant a permit with respect to any activity proposed to be\nundertaken in or adjacent to an area mapped, designated and filed\nas a prime wetland pursuant to RSA 482-A:15 unless the [board]\ndivision first notifies the local governing body, the planning\nboard, if any, and the conservation commission, if any, in the\nmunicipality within which the wetlands lie, either in whole or\nin part, of its decision. Any such permit shall not be issued\nunless the [board] division is able, specifically, to find\n[on the basis of] clear and convincing evidence [in the record\nof the proceedings] on the basis of all information considered\nby the division, and after public hearing, that the proposed\nactivity, either alone or in conjunction with other human activity,\nwill not result in the significant net loss of any of the values\nset forth in RSA 482-A:1. This paragraph shall not be construed\nso as to relieve the [board] division of its statutory\nobligations under this chapter to protect wetlands not so mapped\nand designated.\n\n[VI.] V. Notwithstanding any rules adopted\nby the [board] commissioner defining minor projects, a\nseries of minor projects undertaken by a single developer or several\ndevelopers over a period of 5 years or less may, when considered\nin the aggregate, amount to a major project in the opinion of\nthe [board] division; all such related projects shall be\nsubject to a public hearing as provided in RSA 482-A:8. A series\nof minor projects shall be considered in the aggregate if they\nabut or if they are a part of an overall scheme of development\nor are otherwise consistent parts of an eventual whole.\n\n[VII.] VI. The [board] commissioner\nmay adopt rules pursuant to RSA 541-A establishing an expedited\napplication and permitting process for certain minimum and\nminor impact projects[, under which the department of environmental\nservices may issue such permits without board action]. The provisions\nof RSA 482-A:3, I and paragraph III of this section shall apply.\n\n482-A:12 Posting of Permits and Reports of Violations.\nProject approval by the [board] division shall be in the\nform of a permit, a copy of which the applicant shall post in\na secured manner in a prominent place at the site of the approved\nproject. The [board] division shall mail a copy of such\npermit to the local governing body of the municipality where the\nproject is located. Any person proceeding without a posted permit\nshall be in violation of this chapter. All state, county and\nlocal law enforcement officers are directed to be watchful for\nviolations of the provisions of this chapter and to report all\nsuspected violations to the [board] division.\n\n482-A:13 Administrative Fine. The [wetlands board] commissioner,\nafter notice and hearing in accordance with the procedures set\nforth in RSA 541-A, is empowered to impose an administrative fine\nof up to $2,000 for each offense upon any person who violates\nany provision of this chapter. This fine is appealable under\nRSA 541. Any administrative fine imposed under this section will\nnot preclude the imposition of further penalties under this chapter.\nThe proceeds of administrative fines levied pursuant to this\n[paragraph] section shall be placed in the nonlapsing fund\nauthorized in RSA 482-A:14, III.\n\n296:22 References Changed. Amend RSA 482-A:14, III to\nread as follows:\n\nIII. Failure, neglect or refusal to comply with\nthis chapter or rules adopted under this chapter, or an order\nor condition of a permit issued under this chapter, and the misrepresentation\nby any person of a material fact made in connection with any activities\nregulated or prohibited by this chapter shall be deemed violations\nof this chapter. The court may, upon separate petition of the\nattorney general, or in connection with a petition for equity\nrelief, levy upon any person who violates this chapter, whether\nor not the owner of the land in question, a civil penalty in an\namount not to exceed $10,000 per violation. Each day of a continuing\nviolation shall constitute a separate violation. The proceeds\nof any civil penalty levied pursuant to this chapter shall be\nplaced in a nonlapsing fund held by the treasurer, which may be\nexpended by the [board] department, subject to the approval\nof the governor and council, for the purpose of restoration, research,\ninvestigation and enforcement relative to wetlands.\n\n296:23 References Changed. Amend RSA 482-A:15-18 to\nread as follows:\n\n482-A:15 Local Option; Prime Wetlands.\n\nI. Any municipality, by its conservation commission,\nor, in the absence of a conservation commission, the planning\nboard, or, in the absence of a planning board, the local governing\nbody, may undertake to designate, map and document prime wetlands\nlying within its boundaries, or if such areas lie only partly\nwithin its boundaries, then that portion lying within its boundaries.\nFor the purposes of this chapter, \"prime wetlands\"\nshall mean any areas falling within the jurisdictional definitions\nof RSA 482-A:3 and 482-A:4 that possess one or more of the values\nset forth in RSA 482-A:1 and that, because of their size, unspoiled\ncharacter, fragile condition or other relevant factors, make them\nof substantial significance. Such maps or designations, or both,\nshall be in such form and to such scale, and shall be based upon\nsuch criteria, as are established by the [board] commissioner\nthrough rules adopted pursuant to RSA [482-A:11] 541-A.\n\nII. Any municipal conservation commission or\nthat local body which has mapped and designated prime wetlands\nin accordance with paragraph I may, after approval by any town\nor city council meeting, file such maps and designations with\nthe [board] division, which shall accept and maintain them\nand provide public access to such maps during regular business\nhours. The procedure for acceptance by the local legislative\nbody of any prime wetland designations as provided in paragraph\nI shall be the same as set forth in RSA 675:2 or 675: 3,\nas applicable.\n\n482-A:16 Artificial Fill; Exemptions. No person shall\nplace or cause to be placed any fill in any area below the mean\nhigh water level of any public waters or below the artificially-created\nhigh water level of publicly-owned bodies of water in this state\nwith the intent or with the effect of creating or forming filled\nland adjacent to such bodies of water, except as provided in this\nsubdivision. For the purposes of this subdivision, \"public\nwaters\" means all natural ponds of more than 10 acres, and\n\"publicly-owned bodies of water\" or \"public-owned\nwater bodies\" means those bodies of water whose artificial\nhigh water level is maintained by the state's exercise of its\nflowage rights on these ponds. The provisions of this subdivision\nshall not apply to such minor improvements of shorelines as the\n[board] department, by rules adopted by the commissioner\nunder RSA 541-A, may allow.\n\n482-A:17 Grant of Right. The governor and council, upon\npetition and only upon the recommendation of the [wetlands board]\ndivision, may, for just consideration, grant to an owner\nof shoreline on public waters the right to place fill in the bed\nof such pond before [his] the owner's shoreline. Every\npetition to place fill in the bed of public waters shall be filed\nwith the [wetlands board] division. The [board] division,\nafter 30 days' notice to abutters, to the local governing body\nof the municipality in which the property is situated, and to\nthe department of health and human services, shall hold a public\nhearing [at which a majority of the members of the wetlands board\nshall be present]. Notice of the hearing shall be published twice\nin 2 different weeks, the last publication to be 7 days before\nthe hearing, in one newspaper of general circulation throughout\nthe state and another newspaper of general circulation in the\nmunicipality, and notice posted in 2 public places in the municipality,\nand upon appropriate investigation shall make its recommendations\nto the governor and council with regard to such petition. If\nthe [board] division recommends that the petition be granted,\nin whole or in part, such recommendation shall include appropriate\nspecifications and conditions necessary to the protection of public\nrights and to the protection of the rights and privileges of persons\nowning land in the vicinity of the area to be filled by the petitioner.\nThe grant of the governor and council shall be evidenced by an\ninstrument in writing, executed by the governor and council, attested\nby the secretary of state, and recorded in the county where the\nright is to be exercised. Land created by fill in accordance\nwith the grant of the governor and council shall belong to the\nowner of the natural shoreline as if it were formed by natural\naccretion. The owner of a shoreline on a public-owned water body\nmay petition the [wetlands board] division for the right\nto place fill below the artificially-created high water level\nof a public-owned water body to the extent that the flowage rights\nowned by the state allow.\n\n482-A:18 Procedure for Removal of Fill. If any person\nplaces fill in the bed of public waters or below the artificially-created\nhigh water level of public-owned water bodies except as provided\nin this subdivision, [he] such person shall be guilty of\na misdemeanor if a natural person, or guilty of a felony if any\nother person. Any person may be compelled to remove the same\nby the superior court upon a petition brought by the attorney\ngeneral [at the request of the wetlands board].\n\n296:24 Reference Changed. Amend RSA 482-A:20 to read\nas follows:\n\n482-A:20 Costs for Hearing. The petitioner for a right\nto place fill in public waters shall make a deposit to the [wetlands\nboard] division of $50 with each such petition. This payment\nshall be for expenses of publication, mailing and posting of notices\nby the [board] division and for the expenses of hiring\na hearing site, if a hearing outside of Concord is necessary.\nIf [said] the expenses amount to more than $50, the [board]\ndivision shall require the petitioner to pay the additional\namount before it sends its recommendations to the governor and\ncouncil with regard to the petition.\n\n296:25 Reference Changed. Amend RSA 482-A:21, II(c)\nto read as follows:\n\n(c) Projects classified as minor or minimum\nimpact under rules adopted by the [wetlands board] commissioner\nunder RSA 482-A:11 which exclusively involve excavation or dredging\nwithin a great pond, and no other associated major project activities\nrequiring a permit pursuant to RSA 482-A.\n\n296:26 Reference Changed. Amend RSA 482-A:22-23 to read\nas follows:\n\n482-A:22 Grant of Right. The governor and council, upon\npetition and upon the recommendation of the [wetlands board] division,\nmay, for just consideration, grant to an owner of a shoreline\non public waters the right to excavate, remove, or dredge any\nbank, flat, marsh, swamp or lake bed before [his] the owner's\nshoreline. Every petition to excavate or dredge said areas shall\nbe filed with the [wetlands board] division. The [board]\ndivision, after 30 days' notice to abutters, the local\ngoverning body of the municipality in which the property is situate,\nand the department of health and human services shall hold a public\nhearing [at which a majority of the members of the wetlands board\nshall be present]. Notice of the hearing shall be published twice\nin 2 different weeks, the last publication to be 7 days before\nthe hearing, in one newspaper of general circulation throughout\nthe state and another newspaper of general circulation in the\nmunicipality. The notice shall also be posted in 2 public places\nin the municipality. Upon appropriate investigation the [board]\ndivision shall make its recommendations to the governor\nand council with regard to such petition. If the [board] division\nrecommends that the petition be granted, in whole or in part,\nsuch recommendation shall include appropriate specifications and\nconditions necessary to the protection of public rights and to\nthe protection of the rights and privileges of persons owning\nland in the vicinity of the area to be excavated or dredged by\nthe petitioner.\n\n482-A:23 Penalty. Any person who violates any provision\nof this subdivision shall be guilty of a misdemeanor if a natural\nperson, or guilty of a felony if any other person. Any person\nmay be compelled to return said land to its original condition\nby the superior court upon a petition brought by the attorney\ngeneral [at the request of the wetlands board].\n\n296:27 Reference Changed. Amend RSA 482-A:25 to read\nas follows:\n\n482-A:25 Hearing Costs. The petitioner shall make a\ndeposit of $50 with each petition to pay for the expenses of publication,\nmailing, and posting of notices, and for the expenses of hiring\na hearing site, if a hearing outside of Concord is necessary.\nIf these expenses are more than $50, the [board] division\nshall require the petitioner to pay the additional expenses before\nit sends its recommendations to the governor and council with\nregard to the petition.\n\n296:28 Reference Changed. Amend RSA 483-B:9, II(c) to\nread as follows:\n\n(c) A water dependent structure, meaning\none which is a dock, wharf, pier, breakwater, or other similar\nstructure, or any part thereof, built over, on, or in the waters\nof the state, shall be constructed only as approved by the [wetlands\nboard] department through the division of water resources,\npursuant to RSA 482-A.\n\n296:29 Reference Changed. Amend RSA 483-B:9, V(a)(2)(E)\nto read as follows:\n\n(E) Stumps and their\nroot systems which are located within 50 feet of the reference\nline shall be left intact in the ground, unless removal is specifically\napproved by the [wetlands board] department through the division\nof water resources, pursuant to RSA 482-A.\n\n296:30 Wetlands Board Rules. Existing rules adopted\nby the wetlands board shall continue in full force and effect\nuntil such rules expire or are amended or repealed by the commissioner\nof environmental services. Rulemaking proceedings of the wetlands\nboard in progress on the effective date of this section shall\nbe taken over by the commissioner of environmental services.\nThe commissioner may continue the proceedings or may begin a new\nrulemaking proceeding.\n\n296:31 Transfer of Appropriation. The amount appropriated\nfor the salary and benefits of the director, water resources division,\nin PAU 03-04-02-01, class lines 11 and 60 for fiscal year 1997\nshall be transferred to PAU 03-04-02-03-01, wetlands administration,\nclass lines 59 and 60.\n\n296:32 Transfers and Terminations.\n\nI. The wetlands board is hereby abolished and\nall of the functions, duties, powers, responsibilities, and unexpended\nappropriations are hereby transferred to and vested in the commissioner\nof environmental services.\n\nII. The transfer and termination provided for\nin this section shall become effective upon the effective date\nof this section. Prior to that date the wetlands board, and the\nofficials of the wetlands board shall retain their full power\nand authority.\n\nIII. The incumbent public members of the wetlands\nboard in office on the effective date of the transfers provided\nfor in this section shall become the first public members of the\nwetlands council established by RSA 21-O:5-a for the remainder\nof the terms to which they were originally appointed. Upon expiration\nof their terms, the governor and council shall appoint their successors\nin accordance with RSA 21-O:5-a, so as to provide for a staggering\nof the 3-year terms to which those successors are appointed so\nthat those terms shall expire at one-year intervals.\n\n296:33 Repeal. RSA 482-A:5, relative to the establishment\nof the wetlands board, is repealed.\n\n296:34 Reference Changed. Amend RSA 4:40-a and 4:40-b\nto read as follows:\n\n4:40-a Grant of Right. The governor and council, upon\npetition and upon recommendation of the [wetlands board] department\nof environmental services, and after consultation with the\nfish and game commission and such other state agencies as may\nbe involved, may, for such consideration as they deem just, convey\nsand and gravel which is on the bed of any navigable water or\ngreat pond, in accordance with the provisions of this subdivision.\nFor the [purpose hereof] purposes of this section great\npond is defined as a public water of more than 10 acres.\n\n4:40-b Petition. Every petition for such sand or gravel\nshall be referred to the [wetlands board and said board] department\nof environmental services. The department, after due notice\nto abutters and others as deemed necessary and upon investigation,\nshall make its recommendations to the governor and council. If\nthe [board] department shall recommend that the petition\nbe granted such recommendation shall include appropriate specifications\nand conditions necessary to the protection of public rights and\nto the protection of the rights and privileges of persons owning\nland in the vicinity of the area from which [said] the\nsand or gravel is to be taken.\n\n296:35 New Section; Wetlands Council Established. Amend\nRSA 21-O by inserting after section 5 the following new section:\n\n21-O:5-a Wetlands Council.\n\nI. There is established a wetlands council for\nthe purpose of implementing the provisions of law conferring on\nthe department authority to decide matters relative to resources\nof the state, including, but not limited to, excavating, dredging\nand filling waters of the state. Appointees and officials shall\nhave voting rights as members of the wetlands council; provided,\nhowever, that nothing in this section shall be construed as affecting\nother duties of the department with reference to dams, water levels,\nand administration of the department of environmental services.\nThe wetlands council shall be composed of the following:\n\n(a) The executive director of the department\nof fish and game or designee.\n\n(b) The commissioner of transportation\nor designee.\n\n(c) The commissioner of resources and\neconomic development or designee.\n\n(d) The director of the office of state\nplanning or designee.\n\n(e) The commissioner of the department\nof environmental services or designee.\n\n(f) The commissioner of safety or designee.\n\n(g) Six members of the public appointed\nby the governor and council for a term of 3 years or until a successor\nis chosen. One of these shall be a member of a municipal conservation\ncommission at the time of appointment, and be one of 3 nominees\nsubmitted by the New Hampshire Association of Conservation Commissions;\none shall be a supervisor, associate supervisor, former associate\nsupervisor or former supervisor, of a conservation district at\nthe time of appointment, and be one of 3 nominees submitted by\nthe New Hampshire Association of Conservation Districts; one shall\nbe an elected municipal official at the time of appointment, and\nbe one of 3 nominees submitted by the New Hampshire Municipal\nAssociation; one shall be a member of the non-marine construction\nindustry at the time of appointment, and be nominated by the governor;\none shall be a member of the marine construction industry at the\ntime of appointment and be nominated by the governor; and one\nshall have experience in environmental protection and resource\nmanagement at the time of appointment and be one of 4 nominees\nsubmitted 2 each, by the New Hampshire Audubon Society and the\nSociety for the Protection of New Hampshire Forests. One member\nof the council shall be elected annually as chairperson by the\nmembers of the council.\n\nII. The 6 members appointed under subparagraph\nI(g) shall be entitled to expenses and $50 compensation per diem.\nThe other members of the council shall receive no additional\ncompensation for their service as members of the council, other\nthan their regular salaries from their respective state departments,\nbut shall receive mileage and other expenses paid at the rate\nset for state employees.\n\nIII. The wetlands council shall receive administrative\nsupport from the department.\n\nIV. The council shall consult with and advise\nthe commissioner of the department of environmental services,\non a continuing basis with respect to the policy, programs, goals,\nand operations of the department as they relate to wetlands with\nparticular emphasis on long-range planning for the department\nand on education of the public relative to the functions of the\ndepartment. In order to accomplish these purposes, the council\nshall meet with the commissioner not less frequently than quarterly,\nor at the call of the chairperson or 3 council members. The council\nshall file annually a report of its deliberations and recommendations\nwith the commissioner of the department of environmental services\nand the governor and council.\n\nV. The wetlands council shall hear and decide\nall appeals from department decisions relative to the functions\nand responsibilities of the department which relate to wetlands,\nin accordance with rules adopted by the council.\n\nVI. The commissioner of the department of environmental\nservices shall present all proposed rules relative to wetlands\nto the wetlands council for consideration prior to filing a notice\nof proposed rule under RSA 541-A:6. The council shall present\nany objections to proposed rules to the commissioner in writing\nwithin 15 days. The commissioner may adopt a rule to which the\ncouncil has objected only after presenting a written reply to\nthe council detailing the reasons for adopting the rule over the\nobjections of the council.\n\nVII. The council shall adopt rules in accordance\nwith the rulemaking provisions of RSA 541-A to govern its proceedings.\nThe council shall be subject to the requirements of RSA 541-A:36,\nnotwithstanding RSA 21-O:14.\n\n296:36 Reference Changed. Amend 155-E:4-a, II-a to read\nas follows: II-a. No excavation shall be permitted\nwithin 75 feet of any great pond, navigable river, or any other\nstanding body of water 10 acres or more in area or within 25 feet\nof any other stream, river or brook which normally flows throughout\nthe year, or any naturally occurring standing body of water less\nthan 10 acres, prime wetland as designated in accordance with\nRSA 482-A:15, I or any other wetland greater than 5 acres in area\nas defined by the [wetlands board] department of environmental\nservices.\n\n296:37 Reference to Wetlands Board Changed. Amend RSA\n227-J:6 to read as follows:\n\n227-J:6 Operations in Wetlands.\n\nI. Pursuant to RSA 482-A no person shall excavate,\nremove, fill, dredge, or construct any structures in or on any\nbank, flat, marsh, or swamp in and adjacent to any waters of the\nstate without a permit from the [wetlands board] department\nof environmental services. Failure to comply with these requirements\nmay result in penalties under RSA 482-A.\n\nII. Pursuant to RSA 482-A:3, V, persons who have\ncomplied with notice of intent to cut wood requirements under\nRSA 79:10, and who have filed an appropriate notification of forest\nmanagement activities having minimum wetlands impact with [the\nwetlands board and] the department of environmental services\nand the department of resources and economic development,\nshall have satisfied the permitting requirements for minimum impact\nactivities.\n\nIII. Pursuant to the rules of the [wetlands board]\ndepartment of environmental services, skid trails, truck\nroads and culverts, bridges, pole fords, or other crossings on\nthe skid trails or truck roads shall be constructed in accordance\nwith procedures as currently cited in the Best Management Practices\nfor Erosion Control on Timber Harvesting Operations in New Hampshire,\npublished by the department.\n\n296:38 Reference Changed. Amend RSA 270:71, II to read\nas follows:\n\nII. The office of state planning[, the wetlands\nboard] and the department of environmental services shall review\nthese rules and make recommendations to the division.\n\n296:39 New Paragraphs; Definitions Added. Amend RSA\n482-A:2 by inserting after paragraph I the following new paragraphs:\n\nI-a. \"Council\" means the wetlands council\nestablished in RSA 21-O:5-a.\n\nI-b. \"Department\" means the department\nof environmental services.\n\n296:40 References Changed. Amend RSA 482-A:3, I-V to\nread as follows:\n\nI. No person shall excavate, remove, fill, dredge\nor construct any structures in or on any bank, flat, marsh, or\nswamp in and adjacent to any waters of the state without a permit\nfrom the [wetlands board] department. The permit application\ntogether with a detailed plan and a map showing the exact location\nof the proposed project, along with 4 copies of the permit application,\nplan and map, shall be submitted to the town or city clerk, accompanied\nby a filing fee in the form of a check made out by the applicant\nto the state of New Hampshire [wetlands board]. The permit\napplication fee shall be $50 for minimum impact projects. Fees\nfor minor and major projects shall be assessed based on the area\nof dredge or fill proposed and the number of boat slips requested.\nThe rates shall be $100 per boat slip and $0.025 per square foot.\nAt the time the permit application is submitted to the city or\ntown clerk, the applicant shall provide postal receipts or copies,\nverifying that abutters, as defined in the rules of the [wetlands\nboard] department, and except as further provided in said\nrules, have been notified by certified mail. The postal receipts\nor copies shall be retained by the municipality. The town or\ncity clerk shall immediately sign the application and forward\nby certified mail, the application, plan, map and filing fee to\nthe [wetlands board] department. The town or city clerk\nshall then immediately send a copy of the permit application,\nplan and map to the local governing body, the municipal planning\nboard, if any, and the municipal conservation commission, if any,\nand may require an administrative fee not to exceed $10 plus the\ncost of postage by certified mail. One copy shall remain with\nthe city or town clerk, and shall be made reasonably accessible\nto the public. The foregoing procedure notwithstanding, applications\nand fees for projects by agencies of the state may be filed directly\nwith the [wetlands board] department, with 4 copies of\nthe application, plan and map filed at the same time with the\ntown or city clerk to be distributed as set forth above.\n\nII.(a) The [wetlands board] department\nshall submit to the governor and council all requests for permits\napproved by the [board] department which meet the definition\nof major projects located in great ponds or public-owned water\nbodies under the rules of the [wetlands board] department\nwhich have been approved by the [board] department.\n\n(b) The governor and council shall consider\nthe request for permit transmitted by the [board] department.\nThe governor and council may approve as transmitted or\ndeny the submitted request. Following action by the governor\nand council the requests shall be returned to the [board] department\nfor permitting, if approved, or filing, if denied.\n\nIII. The filing fees collected pursuant to paragraphs\nI, V(c), XI(h), and XII(c) are appropriated to and shall be expended\nby the [wetlands board] department for paying per diem\nand expenses of the public members of the council, reviewing\napplications and activities relative to the wetlands of the state,\nconducting field investigations, and holding public hearings.\nSuch fees shall be held by the treasurer in a nonlapsing fund\nidentified as the wetlands [board] review fund.\n\nIV.(a) The replacement or repair of existing\nstructures in or adjacent to any waters of the state which does\nnot involve excavation, removal, filling, or dredging in any waters\nor of any bank, flat, marsh, or swamp is exempt from the provisions\nof this chapter.\n\n(b) Nontidal drainage ditches, culverts,\ncatch basins, and man-made detention ponds that have been legally\nconstructed to collect and convey storm water and spring run-off,\nand that have been maintained so that wetlands vegetation has\nnot become dominant, may be cleaned out when necessary to preserve\ntheir usefulness without a permit from the [wetlands board]\ndepartment. Such drainage facilities may be cleaned out by\nhand or machine, provided that the facility is neither enlarged\nnor extended into any area of wetlands [board] jurisdiction of\nthe department of environmental services, dredged spoils are\ndeposited in areas outside wetlands [board] jurisdiction of\nthe department of environmental services, and wetlands or\nsurface waters outside the limits of the constructed drainage\nfacility are neither disturbed nor degraded.\n\nV.(a) Persons who have complied with notice of\nintent to cut wood requirements under RSA 79:10, and who have\nfiled an appropriate notice of intent with the [wetlands board]\ndepartment and the department of resources and economic\ndevelopment, shall have satisfied the permitting requirements\nof this section for minimum impact activities only as defined\nby rules adopted by the [wetlands board] commissioner.\n\n(b) Appropriate notice to the [wetlands\nboard] department and the department of resources and economic\ndevelopment shall include the following information:\n\n(1) Name and address of property\nowner;\n\n(2) Name and address of logger\nor forester;\n\n(3) Town, tax map, number and\nlot number of job site; and\n\n(4) A copy of the appropriate\nUnited States Geological Survey topographic map, or a copy of\nthe appropriate United States Natural Resources Conservation Service\nsoils map, with the type and location of all wetland and waterbody\ncrossings clearly indicated.\n\n(c) A $25 filing fee shall accompany\nthe notice to the [wetlands board] department. Such fees\nshall be held in accordance with paragraph III.\n\n(d) The filing of an intent to cut form\nunder RSA 79:10 shall be considered as permission to the [wetlands\nboard] department or the department of resources and economic\ndevelopment, or their agents, to enter the property for determining\ncompliance with this chapter.\n\n(e) The certificate issued under RSA\n79:10 shall be posted upon receipt. Prior to receipt of such\ncertificate, a copy of the intent to cut form, signed by the appropriate\nmunicipal official, shall be available on the job site, and shall\nbe shown to any person who asks to see it.\n\n296:41 Reference Changed. Amend RSA 482-A:3, VII to\nread as follows:\n\nVII. No person shall destroy, raze, deface, reduce,\nalter, build upon or remove any sand or vegetation from any sand\ndune in this state without a permit from the [wetlands board]\ndepartment; provided, however, that any person may remove\nsand which blows or drifts onto any lawn, driveway, walkway, parking\nor storage area, or boat ramp, or which blows or drifts in, on,\nor around buildings or other structures owned by the person.\nUpon request of the property owner, the [wetlands board] department\nshall provide a preapplication assessment of any lot of record\nlocated in sand dunes.\n\n296:42 Reference Changed. Amend RSA 482-A:3, X-XII to\nread as follows:\n\nX. The maximum cash application fee for the New\nHampshire department of transportation shall be $10,000 per application\nplus provisions for technical or consulting services or a combination\nof such services as necessary to meet the needs of the [wetlands\nboard] department. The [wetlands board] department\nmay enter into a memorandum of agreement with the New Hampshire\ndepartment of transportation to accept equivalent technical or\nconsulting services or a combination of such services in lieu\nof a portion of their standard application fees.\n\nXI.(a) Small motor mineral dredging shall be\nlimited to activities which are classified as minimum impact under\nrules adopted by the [wetlands board] commissioner under\nRSA 482-A:11 and which do not exceed the following limits:\n\n(1) Power equipment shall be\nlimited to 5 horsepower.\n\n(2) Suction dredges shall be\nlimited to a single 4-inch diameter intake nozzle.\n\n(3) Sluice and rocker boxes shall\nbe limited to 10 square feet.\n\n(b) Any person who wishes to engage in\nsmall motor mineral dredging shall obtain a permit from the [wetlands\nboard] department. A permit application shall be filed\ndirectly with the [wetlands board] department, and the\nprocedural requirements of RSA 482-A:3, I and RSA 482-A:11,\nIII shall not apply. Any permit issued by the [wetlands board]\ndepartment under this paragraph shall expire at the end\nof the calendar year in which it is issued. Any person who engages\nin panning only shall not be required to obtain a permit but shall\nbe subject to rules of the [wetlands board] department.\nPanning shall include those activities associated with the manual\nsearch for minerals in a river bed without the use of motorized\nequipment.\n\n(c) Any person wishing to engage in mineral\ndredging which in any way exceeds the limits of small motor mineral\ndredging shall first obtain, in addition to a wetlands [board]\npermit, a mining permit from the department of resources and economic\ndevelopment pursuant to RSA 12-E.\n\n(d) The [wetlands board] commissioner\nshall adopt rules, under RSA 541-A, relative to:\n\n(1) Small motor mineral dredging\nand panning.\n\n(2) The issuance of statewide\nsmall motor mineral dredging permits.\n\n(3) Any other matters relative\nto small motor mineral dredging and panning.\n\n(e) The state shall retain the right\nto prohibit panning and mineral dredging activity at certain times\nor in certain locations when such activity would be detrimental\nto the public interest for reasons including, but not limited\nto, environmental and wildlife protection.\n\n(f) Any person who has obtained a small\nmotor mineral dredging permit from the [wetlands board] department\npursuant to this paragraph, or any person who intends to engage\nin any panning activity shall, prior to engaging in any small\nmotor mineral dredging or panning activity, obtain the written\npermission to engage in such activity from the riverbed landowner\non whose property the activity is to be conducted.\n\n(g) The [wetlands board] department\nmay enter into a cooperative agreement with the fish and game\ndepartment relative to enforcement of the provisions of this paragraph.\n\n(h) Application fees shall be $25 for\nresidents of the state of New Hampshire and $50 for out-of-state\napplicants. Fees shall be collected by the [wetlands board] department\nand held in accordance with paragraph III. [Small motor mineral\ndredging permits shall be valid for a period of one year.]\n\nXII.(a) Persons who construct and maintain recreational\ntrails in accordance with the Trail Administrators Manual published\nby the department of resources and economic development and who\nhave filed an appropriate notice, as described in subparagraph\n(b), to construct or maintain such trails with the [wetlands board]\ndepartment and the department of resources and economic\ndevelopment shall have satisfied the permitting requirements of\nthis section for minimum impact activities, as defined by rules\nadopted by the [wetlands board] commissioner.\n\n(b) Appropriate notice to the [wetlands\nboard] department and the department of resources and economic\ndevelopment shall include the following information:\n\n(1) Name and address of organization\nconstructing or maintaining the recreational trail.\n\n(2) Name and address of property\nowner.\n\n(3) Town, tax map number, and\nlot number of property.\n\n(4) A copy of the appropriate\nUnited States Geological Survey topographic map with the type\nand location of all wetland and waterbody crossings clearly indicated.\n\n(c) A $25 filing fee shall accompany\nthe notice to the [wetlands board] department. Such fees\nshall be held in accordance with paragraph III.\n\n296:43 Reference Changed. Amend RSA 482-A:6 to read\nas follows:\n\n482-A:6 Powers of [Wetlands Board] Department.\n\nI. The [wetlands board] department may\ndeny the petition or may require the installation of bulkheads,\nbarriers, proper retention or containment structures, or both,\nto prevent subsequent fill runoff back into waters or other protective\nmeasures.\n\nII. To perform its duties under this chapter,\nit shall be lawful for the [board] department, its agents\nor employees to enter upon any lands in the state.\n\nIII. Whenever it is found that a wetlands is\nat immediate risk from dredging, filling, or other activity in\nviolation of this chapter, the [board] department may issue\nan emergency order in writing requiring the immediate cessation\nof such activity. Any person to whom such an order is directed\nshall comply immediately, but may [ask for a rehearing and appeal\nto the superior court for the county where the land in question\nis located under the same procedures as are provided for appeals\nin RSA 677:2-14] request reconsideration and then appeal as\nprovided in RSA 482-A:10. [Each appeal shall contain a detailed\ndescription of the land involved in the board's order. Service\nof the appeal shall be made on any member of the board and the\nsuperior court shall have the same jurisdiction to dispose of\nsuch appeals as is provided in RSA 677:2-14 governing appeals.]\n\nIV. The [wetlands board] department may\nissue an order to any person in violation of this chapter, a rule\nadopted under this chapter or any condition in a permit issued\nunder this chapter to comply with this chapter, the rule or the\npermit, and require such remedial measures as may be necessary.\nAny person to whom such an order is directed may [apply for a\nrehearing and may appeal to the superior court for the county\nwhere the land in question is located under the same procedures\nas are provided for appeals in RSA 677:2-14] request reconsideration\nand then appeal as provided in RSA 482-A:10. [Each appeal\nshall contain a detailed description of the land involved in the\nboard's order. Service of the appeal shall be made on any member\nof the board and the superior court shall have the same jurisdiction\nto dispose of such appeals as is provided in RSA 677:2-14 governing\nappeals.]\n\n296:44 References Changed. Amend RSA 482-A:7-9 to read\nas follows:\n\n482-A:7 Gifts, Grants or Donations. The [wetlands board]\ndepartment is authorized to solicit and receive any gifts,\ngrants or donations made for the efforts of the [wetlands board\nas established by RSA 482-A:5] department under the provisions\nof this chapter and to disburse and administer the same through\nthe [division] department.\n\n482-A:8 Public Comment and Hearing. [The board\nshall hold a public hearing on proposals under RSA 482-A:3 in\naccordance with rules adopted by the board, within 60 days of\nthe receipt of said notice, and shall notify by mail the person\nintending to do such excavating, removing, filling, dredging or\naltering, the local governing body of the municipality involved,\nthe planning board, if any, the municipal conservation commission,\nif any, and the members of the board]. The department shall\nprovide a reasonable opportunity for public comment on proposals\nunder RSA 482-A:3 and shall hold a public hearing\nfor projects with significant impact on the resources protected\nby this chapter or of substantial public interest. The department\nshall notify by mail, the applicant and the property owner if\ndifferent, the local governing body of the municipality involved,\nthe planning board, if any, and the municipal conservation commission,\nif any, of the hearing. The department shall maintain a chronological\nfile of all applications received under RSA 482-A:3, which shall\nbe available for public review during normal business hours.\nThe [requirement of public] hearing requirement in this\nsection may not apply to such minor projects and to such minor\nimprovements of the shoreline of those waters subject to the jurisdiction\nof this chapter as the [board] department may by reasonable\n[general] rule provide[, and as to such projects initial review\nauthority may be delegated to a subcommittee or the staff of the\nboard]. The hearing requirements of RSA 541-A:30 shall be\nsatisfied by a hearing on reconsideration in accordance with RSA\n482-A:10, III.\n\n482-A:9 Notice to Abutters. Like notice shall be mailed\nto all known abutting landowners, supplemented by reasonable notice\nby newspaper publications to those unknown, as may be ordered\nby the [wetlands board] department.\n\n296:45 Appeals; Damages. RSA 482-A:10 is repealed and\nreenacted to read as follows:\n\n482-A:10 Appeals.\n\nI. Any person aggrieved by a decision made by\nthe department under RSA 482-A:3 or subject to an order of\nthe department under RSA 482-A:6 may apply for reconsideration\nby the department, and then may appeal to the wetlands council\nand to the superior court as provided in this section. A person\naggrieved under this section shall include without limitation,\nthe applicant and any person required to be noticed by mail in\naccordance with RSA 482-A:8 and RSA 482-A:9.\n\nII. A request for reconsideration shall be filed\nwith the department within 20 days of issuance of the department's\ndecision or order. The request for reconsideration shall describe\nin detail each ground for complaint. No ground not set forth\nin the request for reconsideration shall be considered by the\ncouncil, or by the superior court except as provided in paragraph\nVIII of this section.\n\nIII. On reconsideration, the department shall\nreceive and consider any new and additional evidence presented,\nand shall make findings of fact and rulings of law in support\nof its decision after reconsideration. The department may hold\na public hearing in accordance with its rules. Reconsideration\nhearings shall not be subject to the requirements of RSA 541-A.\nReconsideration hearings shall be noticed in accordance with\nRSA 482-A:8 and RSA 482-A:9, and the department shall make a record\nof the proceedings. The department shall grant or deny the application\nfor reconsideration within 30 days of the service of the application\nor explain in writing to the applicant why the application cannot\nbe acted on and a statement of the time reasonably necessary to\nact on the application.\n\nIV. An appeal from a decision of the department\nafter reconsideration shall be filed with the wetlands council\nwithin 30 days of the department's decision. Filing of the appeal\nshall be made by certified mail to the chairperson of the council,\nwith a copy sent to the department. An appeal to the council\nshall contain a detailed description of the land involved in the\ndepartment's decision and shall set forth fully every ground upon\nwhich it is claimed that the decision complained of is unlawful\nor unreasonable.\n\nV. The council on appeal shall hold a non-evidentiary\nhearing as provided in its rules. The hearing shall be noticed\nin accordance with RSA 482-A:8 and RSA 482-A:9. The department\nshall provide the council with its record of decision upon receiving\nnotice of the hearing. The appeal shall be determined upon the\nrecord below. The burden of proof shall be on the party seeking\nto set aside the department's decision to show that the decision\nis unlawful or unreasonable. All findings of the department upon\nall questions of fact properly before it shall be prima facie\nlawful and reasonable.\n\nVI. On appeal, the council may affirm the decision\nof the department or may remand to the department with a determination\nthat the decision complained of is unlawful or unreasonable.\nThe council shall specify the factual and legal basis for its\ndetermination and shall identify the evidence in the record that\nsupports its decision.\n\nVII. Any party aggrieved by a decision of the\ncouncil may apply to the council for reconsideration within 20\ndays of the council's order. The council shall grant or deny\nthe application for reconsideration at its first regularly scheduled\nmeeting after service of the application. The council may grant\nsuch application if in its opinion good reason therefor is stated.\n\nVIII. Any person aggrieved by a decision of the\ncouncil after reconsideration may appeal to the superior court\nfor the county where the land in question is located by petition\nwithin 30 days of issuance of such decision. The petition shall\nset forth each ground upon which the decision is claimed to be\nunlawful or unreasonable, in whole or in part. No ground not\nset forth in the application for reconsideration shall be given\nany consideration by the court unless the court for good cause\nshown shall allow the appellant to specify additional grounds.\n\nIX. In the case of a remand to the department\nby the council, the department may accept the council's determination\nand reissue a decision or order, imposing such conditions as are\nnecessary and consistent with the purposes of this chapter, or\nmay appeal as provided in paragraphs VII and VIII.\n\nX. Any hearing by the superior court upon appeal\nunder this section shall be given priority on the court calendar.\n\nXI. On appeal to the superior court, the burden\nof proof shall be upon the party seeking to set aside the decision\nof the council to show that the decision is unlawful or unreasonable.\nThe council's decision shall not be set aside or vacated, except\nfor errors of law, unless the court is persuaded, by a preponderance\nof the evidence before it, that said decision is unjust or unreasonable.\n\nXII. Any person whose rights may be directly\naffected by the outcome of the appeal may appear and become a\nparty, or the court may order such persons to be joined as parties\nas justice may require.\n\nXIII. Upon the filing of an appeal, the clerk\nof court shall issue an order requiring a certified copy of the\nrecord of the appeal to be filed with the court by the council.\nThe record shall consist of the council's decision, the department's\nrecord of decision as submitted to the council and the record\nof the hearing before the council.\n\nXIV. All evidence transferred by the council\nshall be considered by the court regardless of any technical rule\nwhich might have rendered the evidence inadmissible if originally\noffered in the trial of an action at law. The court may receive\nand consider such additional evidence as would be permissible\nunder RSA 677:10.\n\nXV. The final judgment upon every appeal shall\nbe a decree dismissing the appeal, or vacating the decision complained\nof in whole or in part, as the case may be; but, in case such\ndecision is wholly or partly vacated, the court may also, in its\ndiscretion, remand the matter to the council for such further\nproceedings, not inconsistent with the decree, as justice may\nrequire.\n\nXVI. An order of court to send up the record\nmay be complied with by filing either the original papers or duly\ncertified copies thereof, or of such portions thereof as the order\nmay specify, together with a certified statement of such other\nfacts as show the grounds of the action appealed from.\n\nXVII. The court may take evidence or appoint\na referee to take such evidence as it may direct and report the\nsame with the referee's findings of fact and conclusions of law.\n\nXVIII. If a permit is granted with respect to\nany activity proposed to be undertaken in or adjacent to a prime\nwetland as mapped, designated, and filed pursuant to RSA 482-A:15,\nthe conservation commission or local governing body may appeal\nsaid decision to the superior court in the manner prescribed in\nthis section. The filing of a request for reconsideration shall\nautomatically stay the effectiveness of the department's decision\nrelating to said prime wetland. Said stay shall remain in force\nuntil the department has issued its decision after reconsideration.\n\n296:46 New Section; Damages. Amend RSA 482-A by inserting\nafter section 10 the following new section:\n\n482-A:10-a Damages.\n\nI. If, upon appeal of the landowner, the superior\ncourt determines that the decision appealed from so exceeds the\nbounds of the police power as to constitute the equivalent of\ntaking without compensation and that the land as so regulated\nmeets the public purpose standards of this chapter, and if such\nruling is affirmed on appeal or becomes the law of the trial by\nfailure of the state to appeal, the superior court shall then\nproceed to the assessment of the landowner's damages. Unless\nthe department, at this stage, consents to the reversal or modification\nof its decision by the superior court, that court shall first\ndetermine all questions of land title, after notice to all persons\ninterested in the land, including notice by publication to any\nunknown owners, and then shall assess the damages of the landowner\nor landowners proceeding as provided in RSA 482:35-38, inclusive,\nand RSA 498-A:27, and may enter judgment against the state accordingly.\nThe interest acquired by the state by virtue of such proceedings\nshall be a perpetual negative easement that the privately-owned\nland or interest in the land described in the proceedings shall\nnot thereafter be excavated, removed, filled, dredged, canalized\nor ditched, subject to any such reasonable reservations to the\nlandowner as the department may have stipulated to prior to the\nassessment of damages. The state may, in the alternative, purchase\nthe land or interest in the land in fee simple or other acceptable\ntitle, or subject to acceptable reservations and exceptions, by\nagreement with the landowner. To satisfy any judgment or purchase\nagreement under this section, the governor and council, in their\ndiscretion, may draw their warrant on the marine fisheries fund,\nthe fish and game fund, any other available appropriation for\nsuch purpose, or on any money in the treasury not otherwise appropriated,\nor any combination of such funds, as they may determine to be\njust and reasonable, or, in the alternative, they may certify\na judgment to the next session of the general court for the passage\nof an appropriation of money sufficient to satisfy the same.\nThe department may, in the name of the state, accept gifts of\nland or interests in land for the purposes of this chapter.\n\nII. The use of the marine fisheries fund or the\nfish and game fund under paragraph I shall require a finding that\nthe expenditure will be of substantial benefit to marine fisheries\nor to fish and wildlife, as the case may be, and the governor\nand council shall request the prior opinion of the fish and game\ncommission in each such case.\n\n296:47 References Changed. Amend RSA 482-A:11-13 to\nread as follows:\n\n482-A:11 Administrative Provisions.\n\nI. The [board] commissioner shall adopt\nreasonable rules, pursuant to the rulemaking provisions of RSA\n541-A, to [govern its proceedings and otherwise] implement the\npurposes of this chapter.\n\nII. Decisions of the [board] department or\ncouncil under this chapter shall be consistent with the purposes\nof this chapter as set forth in RSA 482-A:1. Before granting\na permit under this chapter, the [board] department may\nrequire reasonable proof of ownership by a private landowner-applicant.\nIf a permit is granted, the decision of the [board] department\nmay contain reasonable conditions designed to protect the public\ngood. No permit to dredge or fill shall be granted if it shall\ninfringe on the property rights or unreasonably affect the value\nor enjoyment of property of abutting owners.\n\nIII. Upon written notification to the [board]\ndepartment by a municipal conservation commission that\nit intends to investigate any notice received by it pursuant to\nRSA 482-A:3, the [board] department shall suspend action\nupon such notice and shall not make its decision on the notice\nof a minor project nor hold a hearing on it if a major project\nuntil it has received and acknowledged receipt of a written report\nfrom [said] such commission, or until 40 days from the\ndate of filing with the municipal clerk of [said] such\nnotice, whichever occurs earlier, subject to an extension as permitted\nby the [board] department. In connection with any local\ninvestigation, a conservation commission may hold a public informational\nmeeting or a public hearing, the record of which shall be made\na part of the record of the [board] department. If a conservation\ncommission makes a recommendation to the [board] department\nin its report, the [board] department shall specifically\nconsider such recommendation and shall make written findings with\nrespect to each issue raised in such report which is contrary\nto the decision of the [board] department. If notification\nby a local conservation commission pursuant to this paragraph\nis not received by the [board] department within 14 days\nfollowing the date the notice is filed with the municipal clerk,\nthe [board] department shall not suspend its normal action,\nbut shall proceed as if no notification has been made.\n\n[IV. The board shall make written findings of\nfact in support of all decisions made on applications involving\nprojects other than minor projects and improvements as defined\npursuant to RSA 482-A:8.\n\nV.] IV. The [board] department\nshall not grant a permit with respect to any activity proposed\nto be undertaken in or adjacent to an area mapped, designated\nand filed as a prime wetland pursuant to RSA 482-A:15 unless the\n[board] department first notifies the local governing body,\nthe planning board, if any, and the conservation commission, if\nany, in the municipality within which the wetlands lie, either\nin whole or in part, of its decision. Any such permit shall not\nbe issued unless the [board] department is able, specifically,\nto find [on the basis of] clear and convincing evidence [in the\nrecord of the proceedings] on the basis of all information\nconsidered by the department, and after public hearing, that\nthe proposed activity, either alone or in conjunction with other\nhuman activity, will not result in the significant net loss of\nany of the values set forth in RSA 482-A:1. This paragraph shall\nnot be construed so as to relieve the [board] department\nof its statutory obligations under this chapter to protect wetlands\nnot so mapped and designated.\n\n[VI.] V. Notwithstanding any rules adopted\nby the [board] commissioner defining minor projects, a\nseries of minor projects undertaken by a single developer or several\ndevelopers over a period of 5 years or less may, when considered\nin the aggregate, amount to a major project in the opinion of\nthe [board] department; all such related projects shall\nbe subject to a public hearing as provided in RSA 482-A:8. A\nseries of minor projects shall be considered in the aggregate\nif they abut or if they are a part of an overall scheme of development\nor are otherwise consistent parts of an eventual whole.\n\n[VII.] VI. The [board] commissioner\nmay adopt rules pursuant to RSA 541-A establishing an expedited\napplication and permitting process for certain minimum and\nminor impact projects[, under which the department of environmental\nservices may issue such permits without board action]. The provisions\nof RSA 482-A:3, I and paragraph III of this section shall apply.\n\n482-A:12 Posting of Permits and Reports of Violations.\nProject approval by the [board] department shall be in\nthe form of a permit, a copy of which the applicant shall post\nin a secured manner in a prominent place at the site of the approved\nproject. The [board] department shall mail a copy of such\npermit to the local governing body of the municipality where the\nproject is located. Any person proceeding without a posted permit\nshall be in violation of this chapter. All state, county and\nlocal law enforcement officers are directed to be watchful for\nviolations of the provisions of this chapter and to report all\nsuspected violations to the [board] department.\n\n482-A:13 Administrative Fine. The [wetlands board] commissioner,\nafter notice and hearing in accordance with the procedures set\nforth in RSA 541-A, is empowered to impose an administrative fine\nof up to $2,000 for each offense upon any person who violates\nany provision of this chapter. This fine is appealable under\nRSA 541. Any administrative fine imposed under this section will\nnot preclude the imposition of further penalties under this chapter.\nThe proceeds of administrative fines levied pursuant to this\n[paragraph] section shall be placed in the nonlapsing fund\nauthorized in RSA 482-A:14, III.\n\n296:48 References Changed. Amend RSA 482-A:15-18 to\nread as follows:\n\n482-A:15 Local Option; Prime Wetlands.\n\nI. Any municipality, by its conservation commission,\nor, in the absence of a conservation commission, the planning\nboard, or, in the absence of a planning board, the local governing\nbody, may undertake to designate, map and document prime wetlands\nlying within its boundaries, or if such areas lie only partly\nwithin its boundaries, then that portion lying within its boundaries.\nFor the purposes of this chapter, \"prime wetlands\"\nshall mean any areas falling within the jurisdictional definitions\nof RSA 482-A:3 and 482-A:4 that possess one or more of the values\nset forth in RSA 482-A:1 and that, because of their size, unspoiled\ncharacter, fragile condition or other relevant factors, make them\nof substantial significance. Such maps or designations, or both,\nshall be in such form and to such scale, and shall be based upon\nsuch criteria, as are established by the [board] commissioner\nthrough rules adopted pursuant to RSA [482-A:11] 541-A.\n\nII. Any municipal conservation commission or\nthat local body which has mapped and designated prime wetlands\nin accordance with paragraph I may, after approval by any town\nor city council meeting, file such maps and designations with\nthe [board] department, which shall accept and maintain\nthem and provide public access to such maps during regular business\nhours. The procedure for acceptance by the local legislative\nbody of any prime wetland designations as provided in paragraph\nI shall be the same as set forth in RSA 675:2 or 675: 3,\nas applicable.\n\n482-A:16 Artificial Fill; Exemptions. No person shall\nplace or cause to be placed any fill in any area below the mean\nhigh water level of any public waters or below the artificially-created\nhigh water level of publicly-owned bodies of water in this state\nwith the intent or with the effect of creating or forming filled\nland adjacent to such bodies of water, except as provided in this\nsubdivision. For the purposes of this subdivision, \"public\nwaters\" means all natural ponds of more than 10 acres, and\n\"publicly-owned bodies of water\" or \"public-owned\nwater bodies\" means those bodies of water whose artificial\nhigh water level is maintained by the state's exercise of its\nflowage rights on these ponds. The provisions of this subdivision\nshall not apply to such minor improvements of shorelines as the\n[board] department, by rules adopted by the commissioner\nunder RSA 541-A, may allow.\n\n482-A:17 Grant of Right. The governor and council, upon\npetition and only upon the recommendation of the [wetlands board]\ndepartment, may, for just consideration, grant to an owner\nof shoreline on public waters the right to place fill in the bed\nof such pond before [his] the owner's shoreline. Every\npetition to place fill in the bed of public waters shall be filed\nwith the [wetlands board] department. The [board] department,\nafter 30 days' notice to abutters, to the local governing body\nof the municipality in which the property is situated, and to\nthe department of health and human services, shall hold a public\nhearing [at which a majority of the members of the wetlands board\nshall be present]. Notice of the hearing shall be published twice\nin 2 different weeks, the last publication to be 7 days before\nthe hearing, in one newspaper of general circulation throughout\nthe state and another newspaper of general circulation in the\nmunicipality, and notice posted in 2 public places in the municipality,\nand upon appropriate investigation shall make its recommendations\nto the governor and council with regard to such petition. If\nthe [board] department recommends that the petition be\ngranted, in whole or in part, such recommendation shall include\nappropriate specifications and conditions necessary to the protection\nof public rights and to the protection of the rights and privileges\nof persons owning land in the vicinity of the area to be filled\nby the petitioner. The grant of the governor and council shall\nbe evidenced by an instrument in writing, executed by the governor\nand council, attested by the secretary of state, and recorded\nin the county where the right is to be exercised. Land created\nby fill in accordance with the grant of the governor and council\nshall belong to the owner of the natural shoreline as if it were\nformed by natural accretion. The owner of a shoreline on a public-owned\nwater body may petition the [wetlands board] department\nfor the right to place fill below the artificially-created high\nwater level of a public-owned water body to the extent that the\nflowage rights owned by the state allow.\n\n482-A:18 Procedure for Removal of Fill. If any person\nplaces fill in the bed of public waters or below the artificially-created\nhigh water level of public-owned water bodies except as provided\nin this subdivision, [he] such person shall be guilty of\na misdemeanor if a natural person, or guilty of a felony if any\nother person. Any person may be compelled to remove the same\nby the superior court upon a petition brought by the attorney\ngeneral [at the request of the wetlands board].\n\n296:49 Reference Changed. Amend RSA 482-A:20 to read\nas follows:\n\n482-A:20 Costs for Hearing. The petitioner for a right\nto place fill in public waters shall make a deposit to the [wetlands\nboard] department of $50 with each such petition. This\npayment shall be for expenses of publication, mailing and posting\nof notices by the [board] department and for the expenses\nof hiring a hearing site, if a hearing outside of Concord is necessary.\nIf [said] the expenses amount to more than $50, the [board]\ndepartment shall require the petitioner to pay the additional\namount before it sends its recommendations to the governor and\ncouncil with regard to the petition.\n\n296:50 Reference Changed. Amend RSA 482-A:22-23 to read\nas follows:\n\n482-A:22 Grant of Right. The governor and council, upon\npetition and upon the recommendation of the [wetlands board] department,\nmay, for just consideration, grant to an owner of a shoreline\non public waters the right to excavate, remove, or dredge any\nbank, flat, marsh, swamp or lake bed before [his] the owner's\nshoreline. Every petition to excavate or dredge said areas shall\nbe filed with the [wetlands board] department. The [board]\ndepartment, after 30 days' notice to abutters, the local\ngoverning body of the municipality in which the property is situate,\nand the department of health and human services shall hold a public\nhearing [at which a majority of the members of the wetlands board\nshall be present]. Notice of the hearing shall be published twice\nin 2 different weeks, the last publication to be 7 days before\nthe hearing, in one newspaper of general circulation throughout\nthe state and another newspaper of general circulation in the\nmunicipality. The notice shall also be posted in 2 public places\nin the municipality. Upon appropriate investigation the [board]\ndepartment shall make its recommendations to the governor\nand council with regard to such petition. If the [board] department\nrecommends that the petition be granted, in whole or in part,\nsuch recommendation shall include appropriate specifications and\nconditions necessary to the protection of public rights and to\nthe protection of the rights and privileges of persons owning\nland in the vicinity of the area to be excavated or dredged by\nthe petitioner.\n\n482-A:23 Penalty. Any person who violates any provision\nof this subdivision shall be guilty of a misdemeanor if a natural\nperson, or guilty of a felony if any other person. Any person\nmay be compelled to return said land to its original condition\nby the superior court upon a petition brought by the attorney\ngeneral [at the request of the wetlands board].\n\n296:51 Reference Changed. Amend RSA 482-A:25 to read\nas follows:\n\n482-A:25 Hearing Costs. The petitioner shall make a\ndeposit of $50 with each petition to pay for the expenses of publication,\nmailing, and posting of notices, and for the expenses of hiring\na hearing site, if a hearing outside of Concord is necessary.\nIf these expenses are more than $50, the [board] department\nshall require the petitioner to pay the additional expenses before\nit sends its recommendations to the governor and council with\nregard to the petition.\n\n296:52 Reference Changed. Amend RSA 483-B:9, II(c) to\nread as follows:\n\n(c) A water dependent structure, meaning\none which is a dock, wharf, pier, breakwater, or other similar\nstructure, or any part thereof, built over, on, or in the waters\nof the state, shall be constructed only as approved by the [wetlands\nboard] department, pursuant to RSA 482-A.\n\n296:53 Reference Changed. Amend RSA 483-B:9, V(a)(2)(E)\nto read as follows:\n\n(E) Stumps and their\nroot systems which are located within 50 feet of the reference\nline shall be left intact in the ground, unless removal is specifically\napproved by the [wetlands board] department, pursuant to\nRSA 482-A.\n\n296:54 Contingency. If HB 1314 of the 1996 regular session\nbecomes law, sections 34-53 of this act shall take effect 60 days\nafter its passage, and section 1, 4-6, 8-11, 13-21, 23, 24 and\n26-29 of this act shall not take effect. If HB 1314 does not\nbecome law, sections 1, 4-6, 8-11, 13-21, 23, 24 and 26-29 of\nthis act shall take effect 60 days after its passage, and section\n34-53 shall not take effect.\n\n296:55 Effective Date.\n\nI. Sections 34-53 and 1, 4-6, 8-11, 13-21, 23,\n24 and 26-29 of this act shall take effect as provided in section\n54 of this act.\n\nII. The remainder of this act shall take effect\n60 days after its passage.\n\nApproved: June 10, 1996\n\nEffective: I. Sections 34-53 and 1, 4-6, 8-11, 13-21,\n23, 24 and 26-29 shall take effect\nas provided in section 54 of this act.\n\nII. The remainder shall\ntake effect August 9, 1996.\n\nLBAO\n\nLSR 96-2895\n\nAmended 2/15/96\n\nPrepared 2/27/96\n\nFISCAL NOTE for an act relative to changing the wetlands board\nto the wetlands council.\n\nMETHODOLOGY:\n\nThe Department of Environmental Services indicates that\nthis bill makes significant changes to the wetlands program that\nwill result in both additional expense and areas of savings.\nThe overall impact is unknown, but it is assumed to be small once\nthe initial change has been accomplished. Section 30 of the bill\nconverts a full-time unclassified position to a full-time temporary\nposition, and transfers it from the Water Resources Division to\nthe Wetlands Administration in FY 1997. There will be no fiscal\nimpact as a result of this conversion and transfer.", "in_text": [], "chars": 108948}, "nver": 0, "namd": 0, "rsa": {"RSA 4:40-a": "/laws/4#s40-a", "RSA\n4-C:6": "/laws/4-c", "RSA 21-O:3": "/laws/21-o#s3", "RSA 541-A": "/laws/541-a", "RSA 21-O:4": "/laws/21-o#s4", "RSA 481:4": "/laws/481#s4", "RSA\n21-O:5": "/laws/21-o#s5", "RSA 21-O:14": "/laws/21-o#s14", "RSA 482-A:10": "/laws/482-a#s10", "RSA 482-A": "/laws/482-a", "RSA 21-O": "/laws/21-o", "RSA 541-A:6": "/laws/541-a#s6", "RSA 541-A:36": "/laws/541-a#s36", "RSA 541": "/laws/541", "RSA 482-A:15": "/laws/482-a#s15", "RSA\n227-J:6": "/laws/227-j#s6", "RSA 482-A:3": "/laws/482-a#s3", "RSA 79:10": "/laws/79#s10", "RSA 270:71": "/laws/270#s71", "RSA 482:19": "/laws/482#s19", "RSA 482-A:2": "/laws/482-a#s2", "RSA\n482-A:2": "/laws/482-a#s2", "RSA 21-O:5-a": "/laws/21-o#s5-a", "RSA\n79:10": "/laws/79#s10", "RSA 482-A:11": "/laws/482-a#s11", "RSA 12-E": "/laws/12-e", "RSA 482-A:6": "/laws/482-a#s6", "RSA 677:2-14": "/laws/677", "RSA 482-A:7-9": "/laws/482-a", "RSA 482-A:5": "/laws/482-a#s5", "RSA 541-A:30": "/laws/541-a#s30", "RSA\n482-A:10": "/laws/482-a#s10", "RSA 482-A:8": "/laws/482-a#s8", "RSA 482-A:9": "/laws/482-a#s9", "RSA\n482-A:9": "/laws/482-a#s9", "RSA 677:10": "/laws/677#s10", "RSA 482:35-38": "/laws/482", "RSA 498-A:27": "/laws/498-a#s27", "RSA 482-A:11-13": "/laws/482-a", "RSA\n541-A": "/laws/541-a", "RSA 482-A:1": "/laws/482-a#s1", "RSA\n482-A:3": "/laws/482-a#s3", "RSA 482-A:14": "/laws/482-a#s14", "RSA 482-A:15-18": "/laws/482-a", "RSA 675:2": "/laws/675#s2", "RSA 482-A:20": "/laws/482-a#s20", "RSA 482-A:21": "/laws/482-a#s21", "RSA 482-A:22-23": "/laws/482-a", "RSA 482-A:25": "/laws/482-a#s25", "RSA 483-B:9": "/laws/483-b#s9"}, "amends": {"RSA 4:40-a": "/laws/4#s40-a", "RSA\n4-C:6": "/laws/4-c", "RSA 21-O:3": "/laws/21-o#s3", "RSA 21-O:4": "/laws/21-o#s4", "RSA\n21-O:5": "/laws/21-o#s5", "RSA 21-O": "/laws/21-o", "RSA 21-O:14": "/laws/21-o#s14", "RSA\n227-J:6": "/laws/227-j#s6", "RSA 270:71": "/laws/270#s71", "RSA 482:19": "/laws/482#s19", "RSA\n482-A:2": "/laws/482-a#s2", "RSA 482-A:3": "/laws/482-a#s3", "RSA 482-A:6": "/laws/482-a#s6", "RSA 482-A:7-9": "/laws/482-a", "RSA 482-A": "/laws/482-a", "RSA 482-A:11-13": "/laws/482-a", "RSA 482-A:14": "/laws/482-a#s14", "RSA 482-A:15-18": "/laws/482-a", "RSA 482-A:20": "/laws/482-a#s20", "RSA 482-A:21": "/laws/482-a#s21", "RSA 482-A:22-23": "/laws/482-a", "RSA 482-A:25": "/laws/482-a#s25", "RSA 483-B:9": "/laws/483-b#s9", "RSA 482-A:2": "/laws/482-a#s2", "RSA 482-A:10": "/laws/482-a#s10", "RSA 482-A:5": "/laws/482-a#s5"}, "changed": ["4:40-a", "4:40-b", "21-O:3", "21-O:5-a", "21-O:14", "155-E:4-a", "227-J:6", "270:71", "482-A:2", "482-A:3", "482-A:5", "482-A:6", "482-A:7", "482-A:8", "482-A:9", "482-A:10", "482-A:10-a", "482-A:11", "482-A:12", "482-A:13", "482-A:14", "482-A:15", "482-A:16", "482-A:17", "482-A:18", "482-A:20", "482-A:21", "482-A:22", "482-A:23", "482-A:25", "483-B:9"]}