N.H. Rev. Stat. § 485-A:17 — NH Code / Title L / Chapter 485-A / Section 17
485-A:17 Terrain Alteration.
Status: in_force

I. Any person proposing to dredge, excavate, place fill, mine, transport forest products or undertake construction in or on the border of the surface waters of the state, and any person proposing to significantly alter the characteristics of the terrain, in such a manner as to impede the natural runoff or create an unnatural runoff, shall be directly responsible to submit to the department detailed plans concerning such proposal and any additional relevant information requested by the department, at least 30 days prior to undertaking any such activity. The operations shall not be undertaken unless and until the applicant receives a permit from the department. The department shall have full authority to establish the terms and conditions under which any permit issued may be exercised, giving due consideration to the circumstances involved and the purposes of this chapter, and to adopt such rules as are reasonably related to the efficient administration of this section, and the purposes of this chapter. Nothing contained in this paragraph shall be construed to modify or limit the duties and authority conferred upon the department under RSA 482 and RSA 482-A. II. (a) The department shall charge a fee for applications, including project inspections, required under this section. For projects that qualify for a permit by notification allowed by paragraph II-a, the application fee for a permit by notification shall be $3,125. Except for projects that qualify for a permit by notification allowed by paragraph II-a, the fee for [applications encompassing an area of at least [150,000 square feet but less than 200,000 square feet shall be $6,250. An additional fee of $2,500 shall be assessed for each additional area of up to 100,000 square feet to be disturbed. For any property subject to RSA 483-B:9, the fee for review of plans encompassing an area of at least 50,000 square feet but less than 150,000 square feet shall be $5,000. For all other projects, the fee shall be $500 plus $0.005 per square foot of disturbance. No application shall be accepted by the department until the fee required by this paragraph is paid. All fees required under this paragraph shall be paid when plans are submitted for review and shall be deposited in the water resources fund established in RSA 482-A:3, III. (b) The department shall charge a non-refundable fee of $500 for each request to amend a permit that requires plans to be reviewed. II-a. By January 1, 2026, the department shall adopt rules to establish a permit by notification for alteration of terrain that is limited to the installation of solar panels and related structures if the generating capacity of the installed panels is less than or equal to 5 MW. These rules shall exclude projects located within protected shore-land areas pursuant to RSA 483-B from permit by notification and shall instead require such projects to undergo the standard alteration of terrain permit review process. Until completion of such rulemaking, the department shall consider waivers from the rules adopted pursuant to RSA 485-A:17, I, on a per case basis. Approval of such waivers shall not unreasonably be withheld. II-b. In processing an application for permits under RSA 485-A:17: (a) Within 50 days of receipt of the application, the department shall request any additional information required to complete its evaluation of the application, together with any written technical comments the department deems necessary. Any request for additional information shall specify that the applicant submit such information as soon as practicable and shall notify the applicant that if all of the requested information is not received within 120 days of the request, the department shall deny the application. The department shall grant an extension of this 120-day time period upon the request of the applicant. (b) If the department requests additional information pursuant to subparagraph (a), the department shall, within 30 days of the department's receipt of the information: (1) Approve the application in whole or in part and issue a permit; or (2) Deny the application and issue written findings in support of the denial; or (3) Extend the time for rendering a decision on the application for good cause and with the written agreement of the applicant. (c) If no request for additional information is made pursuant to subparagraph (b), the department shall, within 50 days of receipt of the application: (1) Approve the application, in whole or in part and issue a permit; or (2) Deny the application, and issue written findings in support of the denial; or (3) Extend the time for rendering a decision on the application for good cause and with the written agreement of the applicant. (d)(1) The time limits prescribed by this paragraph shall supersede any time limits provided in any other provision of law. If the department fails to act within the applicable time frame established in subparagraphs (b) and (c), the applicant may ask the department to issue the permit by submitting a written request. If the applicant has previously agreed to accept communications from the department by electronic means, a request submitted electronically by the applicant shall constitute a written request. (2) Within 14 days of the date of receipt of a written request from the applicant to issue the permit, the department shall: (A) Approve the application, in whole or in part, and issue a permit; or (B) Deny the application and issue written findings in support of the denial. (3) If the department does not issue either a permit or a written denial within the 14-day period, the applicant shall be deemed to have a permit by default and may proceed with the project as presented in the application. The authorization provided by this subparagraph shall not relieve the applicant of complying with all requirements applicable to the project, including but not limited to requirements established in or under this section and RSA 485-A relating to water quality. (4) Upon receipt of a written request from an applicant, the department shall issue written confirmation that the applicant has a permit by default pursuant to subparagraph (d)(3), which authorizes the applicant to proceed with the project as presented in the application and requires the work to comply with all requirements applicable to the project, including but not limited to requirements established in or under this section and RSA 485-A relating to water quality. (e) The time limits under this paragraph shall not apply to an application from an applicant that has been found in violation of this chapter pursuant to RSA 485-A:22-a within the 5 years preceding the application or an application that does not otherwise substantially comply with the department's rules relative to the permit application process. (f) The department may extend the time for rendering a decision under subparagraphs (b)(3) and (c)(3), without the applicant's agreement, on an application from an applicant who, within the 5 years preceding the application, has been determined, after the exhaustion of available appellate remedies, to have failed to comply with this section or any rule adopted or permit or approval issued under this section, or to have misrepresented any material fact made in connection with any activity regulated or prohibited by this section, pursuant to an action initiated under RSA 485-A:22. The length of such an extension shall be no longer than reasonably necessary to complete the review of the application, and shall not exceed 30 days unless the applicant agrees to a longer extension. The department shall notify the applicant of the length of the extension. (g) The department may suspend review of an application for a proposed project on a property with respect to which the department has commenced an enforcement action against the applicant for any violation of this section, RSA 482-A, RSA 483-B, or RSA 485-A:29-44, or of any rule adopted or permit or approval issued pursuant to this section, RSA 482-A, RSA 483-B, or RSA 485-A:29-44. Any such suspension shall expire upon conclusion of the enforcement action and completion of any remedial actions the department may require to address the violation; provided, however, that the department may resume its review of the application sooner if doing so will facilitate resolution of the violation. The department shall resume its review of the application at the point the review was suspended, except that the department may extend any of the time limits under this paragraph and its rules up to a total of 30 days for all such extensions. For purposes of this subparagraph, "enforcement action" means an action initiated under RSA 482-A:13, RSA 482-A:14, RSA 482-A:14-b, RSA 483-B:18, RSA 485-A:22, RSA 485-A:42, or RSA 485-A:43. II-c. The department shall submit a biennial report to the house and senate finance committees, the house resources, recreation, and development committee, and the senate energy and natural resources committee relative to administration of the terrain alteration review program. II-d. All permits issued, except for projects covered by paragraph II-e, pursuant to this section shall be valid for a period of 5 years. Requests for extensions of such permits may be made to the department. The department shall grant an extension of up to 5 additional years, provided the applicant demonstrates all of the following: (a) The permit for which extension is sought has not expired prior to the date on which a written extension request from the permittee is received by the department. (b) The permit for which extension is sought has not been revoked or suspended without reinstatement. (c) Extension would not violate a condition of statute or rule. (d) Surface water quality will continue to be protected as under the original permit. (e) The project is proceeding towards completion in accordance with plans and other documentation referenced by the permit. (f) If applicable, any inspection reports have been completed and submitted as required by the permit. (g) The permit has not previously been extended, unless the subdivision plat or site plan associated with the permit has been deemed substantially complete by the governing municipal planning board in accordance with RSA 674:39, II, in which case subsequent extensions of the permit are allowed. II-e. A permit issued under this section that is associated with the ongoing excavation or mining of materials from the earth shall not expire for the life of the project identified in the permit application, provided that the permit holder submits a written update of the project's status every 5 years from the date of the permit issuance using a form obtained from the department as specified in department rules. II-f. By January 1, 2026, the department shall adopt rules to establish a permit by notification for projects with plans encompassing an area less than 150,000 square feet that are not subject to RSA 483-B:9. III. Normal agricultural operations shall be exempt from the provisions of this section. The department may exempt other state agencies from the permit and fee provisions of this section provided that each such agency has incorporated appropriate protective practices in its projects which are substantially equivalent to the requirements established by the department under this chapter. IV. Timber harvesting operations shall be exempt from the fee provisions of this section. Timber harvesting operations shall be considered in compliance with this section and shall be issued a permit by rule provided such operations are in accordance with procedures prescribed in the Best Management Practices for Erosion Control on Timber Harvesting Operations in New Hampshire, published by the department of natural and cultural resources, and provided that the department of revenue administration's intent to cut form is signed. V. Trail construction operations for the purposes of modifying existing biking and walking trails shall be exempt from the provisions of this section. Such operations shall be considered in compliance with this section and shall be issued a general permit by rule provided such operations are implemented by a non-profit organization, municipality, or government entity, are limited to a disturbed area no more than 12 feet in width, and are in accordance with procedures prescribed in the Best Management Practices for Erosion Control During Trail Maintenance and Construction, published by the department of natural and cultural resources, bureau of trails in 2004.