reglab/housing_qa huggingface dataset:
NH Rev Stat § 482-A:10-a (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482-A - Fill and Dredge in Wetlands|Section 482-A:10-a - Damages.

    482-A:10-a Damages. –||I. If, upon appeal of the landowner, the superior court determines that the decision appealed from so exceeds the bounds of the police power as to constitute the equivalent of taking without compensation and that the land as so regulated meets the public purpose standards of this chapter, and if such ruling is affirmed on appeal or becomes the law of the trial by failure of the state to appeal, the superior court shall then proceed to the assessment of the landowner's damages. Unless the department, at this stage, consents to the reversal or modification of its decision by the superior court, that court shall first determine all questions of land title, after notice to all persons interested in the land, including notice by publication to any unknown owners, and then shall assess the damages of the landowner or landowners proceeding as provided in RSA 482:35-38, inclusive, and RSA 498-A:27, and may enter judgment against the state accordingly. The interest acquired by the state by virtue of such proceedings shall be a perpetual negative easement that the privately-owned land or interest in the land described in the proceedings shall not thereafter be excavated, removed, filled, dredged, canalized or ditched, subject to any such reasonable reservations to the landowner as the department may have stipulated to prior to the assessment of damages. The state may, in the alternative, purchase the land or interest in the land in fee simple or other acceptable title, or subject to acceptable reservations and exceptions, by agreement with the landowner. To satisfy any judgment or purchase agreement under this section, the governor and council, in their discretion, may draw their warrant on the marine fisheries fund, the fish and game fund, any other available appropriation for such purpose, or on any money in the treasury not otherwise appropriated, or any combination of such funds, as they may determine to be just and reasonable, or, in the alternative, they may certify a judgment to the next session of the general court for the passage of an appropriation of money sufficient to satisfy the same. The department may, in the name of the state, accept gifts of land or interests in land for the purposes of this chapter.||II. The use of the marine fisheries fund or the fish and game fund under paragraph I shall require a finding that the expenditure will be of substantial benefit to marine fisheries or to fish and wildlife, as the case may be, and the governor and council shall request the prior opinion of the fish and game commission in each such case.|||Source. 1996, 296:46, eff. Aug. 9, 1996.|
NH Rev Stat § 482-A:12 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482-A - Fill and Dredge in Wetlands|Section 482-A:12 - Posting of Permits, Display of Registration Numbers, and Reports of Violations.

    482-A:12 Posting of Permits, Display of Registration Numbers, and Reports of Violations. –||Project approval by the department shall be in the form of a permit, a copy of which the applicant shall post in a secured manner in a prominent place at the site of the approved project. The department shall mail a copy of such permit to the local governing body of the municipality where the project is located. Any registration number issued by the department pursuant to RSA 482-A:3, IV-a(c) shall be prominently displayed on the lakeward face of the docking structures. Any person proceeding without a posted permit shall be in violation of this chapter. All state, county, and local law enforcement officers are directed to be watchful for violations of the provisions of this chapter and to report all suspected violations to the department.|||Source. 1989, 339:1. 1991, 20:7. 1996, 296:47, eff. Aug. 9, 1996. 2020, 37:83, eff. Jan. 1, 2021.|
NH Rev Stat § 482-A:13 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482-A - Fill and Dredge in Wetlands|Section 482-A:13 - Administrative Fine.

    482-A:13 Administrative Fine. –||The commissioner, after notice and hearing in accordance with the procedures set forth in RSA 541-A, is empowered to impose an administrative fine of up to $5,000 for each violation, irrespective of the duration of violation, upon any person who violates any provision of this chapter. This fine is appealable under RSA 541. Any administrative fine imposed under this section will not preclude the imposition of further penalties under this chapter. The proceeds of administrative fines levied pursuant to this section shall be placed in the nonlapsing fund authorized in RSA 482-A:14, III.|||Source. 1989, 339:1. 1996, 296:47. 2010, 295:4, eff. Sept. 11, 2010.|
NH Rev Stat § 482-A:14 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482-A - Fill and Dredge in Wetlands|Section 482-A:14 - Penalties.

    482-A:14 Penalties. –||I. Whoever recklessly or knowingly fails, neglects or refuses to comply with this chapter, rules adopted under this chapter, an order or condition of a permit issued under this chapter, or recklessly or knowingly misrepresents any material fact in connection with any activities regulated or prohibited by this chapter, whether or not the owner of the land in question, shall be guilty of a misdemeanor if a natural person and guilty of a felony if any other person.||II. State and local law enforcement officials may prosecute any violation of this chapter as a violation. This provision shall not limit the state's enforcement authority under this chapter.||III. Failure, neglect or refusal to comply with this chapter or rules adopted under this chapter, or an order or condition of a permit issued under this chapter, and the misrepresentation by any person of a material fact made in connection with any activities regulated or prohibited by this chapter shall be deemed violations of this chapter. The court may, upon separate petition of the attorney general, or in connection with a petition for equity relief, levy upon any person who violates this chapter, whether or not the owner of the land in question, a civil penalty in an amount not to exceed $10,000 per violation. Each day of a continuing violation shall constitute a separate violation. The proceeds of any civil penalty levied pursuant to this chapter shall be placed in a nonlapsing fund held by the treasurer, which may be expended by the department, subject to the approval of the governor and council, for the purpose of restoration, research, investigation and enforcement relative to wetlands.|||Source. 1989, 339:1. 1996, 296:22, eff. Aug. 9, 1996.|
NH Rev Stat § 482-A:14-a (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482-A - Fill and Dredge in Wetlands|Section 482-A:14-a - Cease and Desist Orders; Penalty.

    482-A:14-a Cease and Desist Orders;  Penalty. –||The director of the division of forests and lands, department of natural and cultural resources, or his authorized agents, may issue a written cease and desist order against any timber operation in violation of this chapter. Any such violation may be enjoined by the superior court, upon application of the attorney general. A person failing to comply with the cease and desist order shall be guilty of a violation.|||Source. 1989, 214:20. 1990, 29:3, eff. May 22, 1990. 2017, 156:14, I, eff. July 1, 2017.|
NH Rev Stat § 482-A:14-b (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482-A - Fill and Dredge in Wetlands|Section 482-A:14-b - Removal; Restoration; Equity Relief.

    482-A:14-b Removal;  Restoration;  Equity Relief. –||I. Whoever fails, neglects or refuses to comply with this chapter or rules adopted under this chapter, or an order or condition of a permit issued under this chapter, or misrepresents any material fact made in connection with any activity regulated or prohibited by this chapter, whether or not the owner of the land in question, shall be liable for the removal of fill, spoil or structure placed pursuant to such a violation and the restoration of any wetlands disturbed in connection with the violation. The superior court shall have jurisdiction to order such relief and such additional relief in equity as may be appropriate.||II. Municipalities may apply to a justice of the superior court for injunctive relief against existing or impending violations of this chapter, or any rule or order issued under this chapter. The municipality shall give notice of any such action to the attorney general and the commissioner of environmental services, who may take such steps as they deem necessary to ensure uniform statewide enforcement, including but not limited to joining the action, assuming sole prosecution of the action, or, as of right, dismissing the action without prejudice. Such notice shall be given at least 30 days prior to the commencement of any such action, unless more immediate action is necessary to prevent irreparable environmental damage or other serious public harm, in which case such notice shall be given as soon as practicable, but in no event later than the date of commencement of the action. This paragraph shall not be construed to affect, in any manner, existing authority of municipalities to act based upon the provisions of other statutes or local ordinances.||III. A landowner shall not be liable for violations of this chapter caused by persons operating OHRVs, as defined in RSA 215-A:1, V, or snowmobiles, as defined in RSA 215-C:1, in a location or in a manner not authorized by the landowner.|||Source. 1989, 225:7. 1991, 340:2. 2004, 122:1. 2005, 210:62, eff. July 1, 2006.|
NH Rev Stat § 482-A:14-c (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482-A - Fill and Dredge in Wetlands|Section 482-A:14-c - Limitation on Enforcement Action.

    482-A:14-c Limitation on Enforcement Action. –||No person who acquires property, by any means, more than 2 years after an activity constituting a violation of this chapter has been completed, shall be subject to an enforcement action under this chapter for such violation, provided such person allows restoration of impacted areas, unless the person knew of the existence of the violation at the time that the person acquired the property. Nothing in this section shall limit any enforcement action for violation of this chapter, including injunctive relief requiring restoration of impacted areas, against the person who committed the violation. Nothing in this section shall limit any enforcement action with respect to any violation of this chapter, including injunctive relief requiring restoration of impacted areas, for which written notice of the violation has been provided to the owner by the department prior to January 1, 2013. In addition to any common law remedy, any person who suffers damages as a result of a violation of this chapter committed by another may seek compensation from the person who committed the violation, including diminution in property value and reasonable attorney's fees.|||Source. 2012, 55:1, eff. Jan. 1, 2013. 2018, 279:5, eff. Jan. 1, 2019.|
NH Rev Stat § 482-A:15 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482-A - Fill and Dredge in Wetlands|Section 482-A:15 - Local Option; Prime Wetlands.

    482-A:15 Local Option;  Prime Wetlands. –||I. (a) Any municipality, by its conservation commission, or, in the absence of a conservation commission, the planning board, or, in the absence of a planning board, the local governing body, may undertake to designate, map, and document prime wetlands lying within its boundaries, or if such areas lie only partly within its boundaries, then that portion lying within its boundaries. The conservation commission, planning board, or governing body shall give written notice to the owner of the affected land and all abutters 30 days prior to the public hearing, before designating any property as prime wetlands.||(b) Prior to municipal vote under paragraph II, maps that depict wetland boundaries shall be prepared and landowners having proposed prime wetlands on their property shall be informed of the boundary delineation. The acceptance of any prime wetland designation by the department prior to the effective date of this paragraph shall remain in effect; however, any revision to the boundary shall be delineated using wetland delineation methods as adopted by the department and by the standards of this section.||I-a. For the purposes of this chapter, "prime wetlands" shall mean any contiguous areas falling within the jurisdictional definitions of RSA 482-A:2, X and RSA 482-A:4 that, because of their size, unspoiled character, fragile condition, or other relevant factors, make them of substantial significance. A prime wetland shall be at least 2 acres in size, shall not consist of a water body only, shall have at least 4 primary wetland functions, one of which shall be wildlife habitat, and shall have a width of at least 50 feet at its narrowest point. The boundary of a prime wetland shall coincide, where present, with the upland edge of any wetland, as defined in RSA 482-A:2, X, that is part of the prime wetland. On-site verification of proposed prime wetland boundaries shall be performed where landowner permission is provided.||I-b. The commissioner shall adopt rules under RSA 541-A relative to the form, criteria, and methods that shall be used to designate, map, and document prime wetlands, determine boundaries in the field, and amend maps and designations once filed and accepted by the department under paragraph II.||II. Any municipal conservation commission or that local body which has mapped and designated prime wetlands in accordance with paragraph I may, after approval by any town or city council meeting, file such maps and designations with the department, which shall accept and maintain them and provide public access to such maps during regular business hours. The procedure for acceptance by the local legislative body of any prime wetland designations as provided in paragraph I shall be the same as set forth in RSA 675:2 or RSA 675:3, as applicable.|||Source. 1989, 339:1. 1991, 20:8. 1996, 296:48. 2009, 185:3. 2012, 235:2, eff. Aug. 17, 2012.|
NH Rev Stat § 482-A:15-a (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482-A - Fill and Dredge in Wetlands|Section 482-A:15-a - Wetlands Program Annual Report.

    482-A:15-a Wetlands Program Annual Report. –||The department shall report annually to the wetlands council on the wetlands program. The report shall include, but not be limited to, the status of the wetlands program including program performance, rules, and funding and the status of the Clean Water Act section 404 program in New Hampshire.|||Source. 2003, 224:4, eff. July 1, 2003.|
NH Rev Stat § 482-A:16 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482-A - Fill and Dredge in Wetlands|Section 482-A:16 - Artificial Fill; Exemptions.

    482-A:16 Artificial Fill;  Exemptions. –||No person shall place or cause to be placed any fill in any area below the mean high water level of any public waters or below the artificially-created high water level of publicly-owned bodies of water in this state with the intent or with the effect of creating or forming filled land adjacent to such bodies of water, except as provided in this subdivision. For the purposes of this subdivision, "public waters" means all natural ponds of more than 10 acres, and "publicly-owned bodies of water" or "public-owned water bodies" means those bodies of water whose artificial high water level is maintained by the state's exercise of its flowage rights on these ponds. The provisions of this subdivision shall not apply to such minor improvements of shorelines as the department, by rules adopted by the commissioner under RSA 541-A, may allow.|||Source. 1989, 339:1. 1996, 296:48, eff. Aug. 9, 1996.|
NH Rev Stat § 482-A:17 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482-A - Fill and Dredge in Wetlands|Section 482-A:17 - Grant of Right.

    482-A:17 Grant of Right. –||The governor and council, upon petition and only upon the recommendation of the department, may, for just consideration, grant to an owner of shoreline on public waters the right to place fill in the bed of such pond before the owner's shoreline. Every petition to place fill in the bed of public waters shall be filed with the department. The department, after 30 days' notice to abutters, to the local governing body of the municipality in which the property is situated, and to the department of health and human services, shall hold a public hearing. Notice of the hearing shall be published twice in 2 different weeks, the last publication to be 7 days before the hearing, in one newspaper of general circulation throughout the state and another newspaper of general circulation in the municipality, and notice posted in 2 public places in the municipality, and upon appropriate investigation shall make its recommendations to the governor and council with regard to such petition. If the department recommends that the petition be granted, in whole or in part, such recommendation shall include appropriate specifications and conditions necessary to the protection of public rights and to the protection of the rights and privileges of persons owning land in the vicinity of the area to be filled by the petitioner. The grant of the governor and council shall be evidenced by an instrument in writing, executed by the governor and council, attested by the secretary of state, and recorded in the county where the right is to be exercised. Land created by fill in accordance with the grant of the governor and council shall belong to the owner of the natural shoreline as if it were formed by natural accretion. The owner of a shoreline on a public-owned water body may petition the department for the right to place fill below the artificially-created high water level of a public-owned water body to the extent that the flowage rights owned by the state allow.|||Source. 1989, 339:1. 1991, 20:9. 1995, 310:181. 1996, 296:48, eff. Aug. 9, 1996.|
NH Rev Stat § 482-A:18 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482-A - Fill and Dredge in Wetlands|Section 482-A:18 - Procedure for Removal of Fill.

    482-A:18 Procedure for Removal of Fill. –||If any person places fill in the bed of public waters or below the artificially-created high water level of public-owned water bodies except as provided in this subdivision, such person shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Any person may be compelled to remove the same by the superior court upon a petition brought by the attorney general.|||Source. 1989, 339:1. 1996, 296:48, eff. Aug. 9, 1996.|
NH Rev Stat § 482-A:19 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482-A - Fill and Dredge in Wetlands|Section 482-A:19 - Fees.

    482-A:19 Fees. –||Any payment received by the state as determined by the governor and council under the provisions of RSA 482-A:17 for the grant of the right to place fill in the bed of a great pond shall be paid over to the state treasurer and shall be available for general revenue of the state.|||Source. 1989, 339:1, eff. Jan. 1, 1990.|
NH Rev Stat § 482-A:20 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482-A - Fill and Dredge in Wetlands|Section 482-A:20 - Costs for Hearing.

    482-A:20 Costs for Hearing. –||The petitioner for a right to place fill in public waters shall make a deposit to the department of $50 with each such petition. This payment shall be for expenses of publication, mailing and posting of notices by the department and for the expenses of hiring a hearing site, if a hearing outside of Concord is necessary. If the expenses amount to more than $50, the department shall require the petitioner to pay the additional amount before it sends its recommendations to the governor and council with regard to the petition.|||Source. 1989, 339:1. 1996, 296:49, eff. Aug. 9, 1996.|
NH Rev Stat § 482-A:21 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482-A - Fill and Dredge in Wetlands|Section 482-A:21 - Excavating and Dredging.

    482-A:21 Excavating and Dredging. –||I. No person shall excavate, remove, or dredge any bank, flat, marsh, swamp, or lake bed that lies below the natural mean high water level of any public waters of this state, except as provided in this subdivision. For the purposes of this subdivision, "public waters" are defined as all natural ponds of more than 10 acres. Upon the request of the owner of land abutting any public waters, the division shall determine the natural mean high water level of the abutting public water.||II. The provisions of this subdivision shall not apply to:||(a) Any land above the natural mean high water level of public waters.||(b) Any land below any artificially created high water level of any body of water.||(c) Projects classified as minor or minimum impact under rules adopted by the commissioner under RSA 482-A:11 which exclusively involve excavation or dredging within a great pond, and no other associated major project activities requiring a permit pursuant to RSA 482-A.|||Source. 1989, 339:1. 1996, 296:25, eff. Aug. 9, 1996.|
NH Rev Stat § 482-A:22 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482-A - Fill and Dredge in Wetlands|Section 482-A:22 - Grant of Right.

    482-A:22 Grant of Right. –||The governor and council, upon petition and upon the recommendation of the department, may, for just consideration, grant to an owner of a shoreline on public waters the right to excavate, remove, or dredge any bank, flat, marsh, swamp or lake bed before the owner's shoreline. Every petition to excavate or dredge said areas shall be filed with the department. The department, after 30 days' notice to abutters and within 60 days of receipt of a petition, the local governing body of the municipality in which the property is situate, and the department of health and human services shall hold a public hearing. Notice of the hearing shall be published twice in 2 different weeks, the last publication to be 7 days before the hearing, in one newspaper of general circulation throughout the state and another newspaper of general circulation in the municipality. The notice shall also be posted in 2 public places in the municipality. Upon appropriate investigation and within 30 days of a public hearing, the department shall make its recommendations to the governor and council with regard to such petition. If the department recommends that the petition be granted, in whole or in part, such recommendation shall include appropriate specifications and conditions necessary to the protection of public rights and to the protection of the rights and privileges of persons owning land in the vicinity of the area to be excavated or dredged by the petitioner.|||Source. 1989, 339:1. 1991, 20:10. 1995, 310:181. 1996, 296:50, eff. Aug. 9, 1996. 2018, 279:7, eff. Jan. 1, 2019.|
NH Rev Stat § 482-A:23 (2021)
2021 New Hampshire Revised Statutes|Title L - Water Management and Protection|Title 482-A - Fill and Dredge in Wetlands|Section 482-A:23 - Penalty.

    482-A:23 Penalty. –||Any person who violates any provision of this subdivision shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Any person may be compelled to return said land to its original condition by the superior court upon a petition brought by the attorney general.|||Source. 1989, 339:1. 1996, 296:50, eff. Aug. 9, 1996.|