reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 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.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 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.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 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.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 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.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 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.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 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.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 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.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 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.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 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.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 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.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 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.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 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.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 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.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 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.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-A - Fill and Dredge in Wetlands › Section 482-A:24 - Fees.

482-A:24 Fees. –
Any payment received by the state as determined by the governor and council under the provisions of this subdivision shall be paid over to the state treasurer and shall be deposited in the general funds of the state.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-A - Fill and Dredge in Wetlands › Section 482-A:25 - Hearing Costs.

482-A:25 Hearing Costs. –
The petitioner shall make a deposit of $50 with each petition to pay for the expenses of publication, mailing, and posting of notices, and for the expenses of hiring a hearing site, if a hearing outside of Concord is necessary. If these expenses are more than $50, the department shall require the petitioner to pay the additional expenses before it sends its recommendations to the governor and council with regard to the petition.
Source.
1989, 339:1. 1996, 296:51, eff. Aug. 9, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-A - Fill and Dredge in Wetlands › Section 482-A:26 - Dwellings Over Water.

482-A:26 Dwellings Over Water. –
I. No person shall construct any structure suitable for use as a dwelling if the structure or any part of the structure extends beyond the shoreline of any public water or publicly-owned water body.
II. No person shall convert or modify any existing structure in order to make the structure suitable as a dwelling if the structure or any part of the structure extends beyond the shoreline of any public water or publicly-owned water body.
III. (a) Existing dwellings over water which were constructed or converted to be made suitable for use as a dwelling in accordance with the law in effect at the time of construction or conversion, may be repaired or reconstructed, for maintenance purposes only, using any modern technologies, provided the result is a functionally equivalent use. Such repair or reconstruction may alter the interior design or existing cribwork, but no expansion of the existing footprint or outside dimensions shall be permitted. A condition of RSA 482-A:3 approval shall be the existence or installation of a sewage disposal system which has been approved pursuant to RSA 485-A:29-44. No permit shall be required for routine maintenance that does not involve work in the water.
(b) Without otherwise limiting the provisions of this section, where the effect of repair or reconstruction of a structure subject to the provisions of this section represents greater protection of public water or the environment and where such repair or reconstruction does not change a recreational, water-based activity to a land-based, residential or commercial activity, the commissioner may waive the existing standards, provided that there shall be no expansion of the existing footprint, outside dimensions, and square footage of floor space; and there shall be a net reduction in the total square footage of kitchen, bathroom, shower, and toilet facilities.
IV. For the purpose of this section:
(a) "Dwelling over water" means any structure suitable for use as a dwelling which extends in any part beyond the shoreline of any public water or public-owned water body.
(b) "Shoreline" means that shoreline which exists when the surface of the water is at the mean high water level.
(c) "Suitable for use as a dwelling" means any structure which is used for residential purposes by one or more persons, or which contains kitchen, bathroom, shower, or toilet facilities.
V. The provisions of RSA 482-A:10, relative to appeals, and RSA 482-A:10-a, relative to takings without compensation, shall apply to all decisions of the department made under paragraph III.
Source.
1989, 339:1. 1998, 23:1, 2. 2002, 272:16, eff. May 18, 2002. 2013, 43:3, eff. Aug. 3, 2013.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-A - Fill and Dredge in Wetlands › Section 482-A:27 - Penalty.

482-A:27 Penalty. –
Any person who violates any provision of RSA 482-A:26 shall be required to remove the structure or portion of the structure constructed, reconstructed, repaired, converted, or modified in violation of said section and shall be subject to the civil, criminal, and other penalties set forth in RSA 482-A:13, 14, and 14-b. Any criminal fine collected for a violation of RSA 482-A:26 shall accrue to the use of the municipality in which the structure is located.
Source.
1989, 339:1. 1998, 23:3, eff. Jan. 1, 1999.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-A - Fill and Dredge in Wetlands › Section 482-A:28 - Aquatic Resource Compensatory Mitigation.

482-A:28 Aquatic Resource Compensatory Mitigation. –
In lieu of other forms of compensatory mitigation, the department may accept payment for an unavoidable loss of aquatic resource functions and values from impacts to resources protected under this chapter.
Source.
2006, 313:1. 2009, 303:1, eff. Sept. 29, 2009.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-A - Fill and Dredge in Wetlands › Section 482-A:29 - Fund Established.

482-A:29 Fund Established. –
I. There is hereby established the aquatic resource compensatory mitigation fund into which payments made under this subdivision shall be deposited. The fund shall be a separate, nonlapsing fund continually appropriated to the department to be used only as specified in this subdivision for costs related to wetlands creation or restoration, stream and river restoration, stream and river enhancement, restoration or enhancement of any jurisdictional area identified under RSA 482-A:30-b, preservation of upland areas adjacent to wetlands and riparian areas, and the subsequent monitoring and maintenance of such areas.
II. A separate, non-lapsing account shall be established within the fund into which all administrative assessments collected under RSA 482-A:30, III, RSA 482-A:30-a, II, and RSA 482-A:30-b, III shall be placed. Such account moneys shall be used for administration of the fund, including staff, and aquatic resource mitigation related projects.
III. The state treasurer shall invest the fund as provided by law. Interest received on such investment shall be credited to the fund.
IV. The wetlands council, established by RSA 21-O:5-a, shall approve disbursements of the aquatic resource compensatory mitigation fund based on recommendations provided by the site selection committee established under RSA 482-A:32, and in accordance with rules adopted by the commissioner.
Source.
2006, 313:1. 2009, 303:2, 5, 6. 2010, 16:1, eff. July 1, 2010 at 12:01 a.m. 2019, 346:284, eff. July 1, 2019. 2023, 142:1, eff. June 30, 2023.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-A - Fill and Dredge in Wetlands › Section 482-A:30 - Payment for Freshwater and Tidal Wetlands Losses.

482-A:30 Payment for Freshwater and Tidal Wetlands Losses. –
For freshwater and tidal wetlands losses, the in lieu payment shall be the sum of:
I. The cost that would have been incurred if a wetland of the same type was constructed at the ratios adopted by the department based on a price of $65,000 per acre of wetland created, to be adjusted at the beginning of the calendar year according to the annual simple rate of interest on judgments established by RSA 336:1;
II. The area of wetlands, as used in the calculation performed under paragraph I, times the cost of land in the municipality where the impact is occurring as calculated by the total assessed land values in the municipality, as determined by the department of revenue administration, which are equalized, divided by the number of acres in the municipality to yield a per acre equalized land value; and
III. An administrative assessment which equals 20 percent of the sum of paragraphs I and II.
Source.
2006, 313:1. 2010, 16:2. 2011, 171:1, eff. July 1, 2011; 171:2, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-A - Fill and Dredge in Wetlands › Section 482-A:30-a - Payment for Stream or Shoreline Losses.

482-A:30-a Payment for Stream or Shoreline Losses. –
For stream or shoreline resource losses, the in lieu payment shall be the sum of:
I. The cost that would have been incurred if a stream of the same type was restored at the ratios adopted by the department, based on a price of $200 per linear foot of channel or bank impacts or both, to be adjusted at the beginning of the calendar year according to the annual simple rate of interest on judgments established by RSA 336:1; and
II. An administrative assessment equal to 20 percent of the amount in paragraph I.
Source.
2009, 303:3. 2010, 16:4. 2011, 171:3, eff. July 1, 2011; 171:4, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-A - Fill and Dredge in Wetlands › Section 482-A:30-b - Payment for Other Jurisdictional Resource Losses.

482-A:30-b Payment for Other Jurisdictional Resource Losses. –
For losses to sand dunes, undeveloped portions of duly-established 100-foot buffers of designated prime wetlands, and undeveloped tidal buffer zones, the in-lieu payment shall be the sum of:
I. The cost that would have been incurred if a resource of the same type was restored at the ratios adopted by the department, based on a price of $65,000 per acre of resource area created, to be adjusted at the beginning of the calendar year according to the annual simple rate of interest on judgments established by RSA 336:1;
II. The area of resources impacted, as used in the calculation performed under paragraph I, times the cost of land in the municipality where the impact is occurring as calculated by the total assessed land values in the municipality, as determined by the department of revenue administration, which are equalized, divided by the number of acres in the municipality to yield a per acre equalized land value; and
III. An administrative assessment equal to 20 percent of the amount in paragraphs I and II.
Source.
2023, 142:2, eff. June 30, 2023.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-A - Fill and Dredge in Wetlands › Section 482-A:31 - Rulemaking.

482-A:31 Rulemaking. –
The commissioner shall adopt rules under RSA 541-A relative to:
I. Identification of appropriate situations under which in lieu payments may be made. The criteria in RSA 482-A:28 shall be the minimum requirements for projects eligible for in lieu payments.
II. The method of calculating the amount of in lieu payments under RSA 482-A:30 and RSA 482-A:30-a which shall approximate the total cost of wetlands construction, stream and river construction, or such other mitigation actions as would have been required by the department and incurred by the applicant in the absence of making such payments. An administrative assessment of 20 percent of the total cost shall be added as part of the calculation method.
III. Criteria to use in selecting projects that would compensate for the lost aquatic resource functions or values.
(a) Tidal aquatic resources shall be compensated by the selection of qualifying tidal projects.
(b) An emphasis shall be given to selecting from among the qualifying projects those that are nearer to the site of the lost aquatic resource.
(c) No project shall be funded with in lieu payments from losses that occurred outside the service area in which the project is located. A service area may be a hydrologic unit code 8 watershed, as developed by the United States Geological Survey, or a modification of a hydrologic unit code 8 watershed by the department as approved by the United States Army Corps of Engineers.
(d) Such criteria shall be adopted in consultation with the site selection committee established under RSA 482-A:32.
IV. Requests for extensions of excavating and dredging permits.
V. The certification program for municipal culvert installers under RSA 482-A:3, XVIII.
Source.
2006, 313:1. 2009, 303:4. 2010, 16:6. 2011, 143:2; 171:5, 6. 2012, 74:2, eff. July 22, 2012; 273:3, eff. June 19, 2012.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-A - Fill and Dredge in Wetlands › Section 482-A:32 - Site Selection Committee Established.

482-A:32 Site Selection Committee Established. –
I. There is established a site selection committee for the purpose of identifying projects to be funded from the aquatic resource compensatory mitigation fund.
II. The committee shall consist of the following members:
(a) The commissioner of the department of environmental services, or designee.
(b) The executive director of the fish and game department, or designee.
(c) The director of the office of planning and development, or designee.
(d) The commissioner of the department of natural and cultural resources, or designee.
(e) Five members of the public, appointed by the governor and council for a term of 3 years or until a successor is chosen. The members of the public shall be as follows:
(1) A member of a municipal conservation commission at the time of appointment, who shall be one of 3 nominees submitted by the New Hampshire Association of Conservation Commissions.
(2) A natural resource scientist, who shall be one of 3 nominees submitted by the New Hampshire Association of Natural Resource Scientists.
(3) A person with experience in environmental protection and resource management at the time of appointment, who shall be one of 3 nominees submitted by the Nature Conservancy.
(4) A person with experience in environmental protection and resource management at the time of appointment, who shall be one of 3 nominees submitted by the Society for the Protection of New Hampshire Forests.
(5) A person with experience in stream restoration work, who shall be nominated jointly by the Northeast Region of American Rivers and the New Hampshire Rivers Council.
III. The members of the committee shall elect a chairperson annually.
IV. Each public member of the committee shall receive $50 per meeting. The other members of the site selection committee shall receive no compensation other than their regular state salaries but shall receive mileage paid at the rate set for state employees.
Source.
2006, 313:1, eff. Aug. 18, 2006. 2016, 68:1, eff. May 5, 2016. 2017, 156:14, I, 64, eff. July 1, 2017. 2021, 91:198, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-A - Fill and Dredge in Wetlands › Section 482-A:33 - Report.

482-A:33 Report. –
The department shall submit a biennial report 60 days after the close of each odd-numbered fiscal year, to the fiscal committee of the general court, the chairperson of the house resources, recreation and development committee, and the chairperson of the senate environment and wildlife committee summarizing all receipts and disbursements of the aquatic resource compensatory mitigation fund, including a description of all projects undertaken and the status of the administrative assessment account. Each report shall be in such detail with sufficient information to be fully understood by the general court and the public. After submission to the general court, the report shall be available to the public.
Source.
2006, 313:1. 2010, 16:8. 2012, 247:30, eff. Aug. 17, 2012. 2015, 259:11, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-A - Fill and Dredge in Wetlands › Section 482-A:34 - Wetland Mitigation Banks Authorized.

482-A:34 Wetland Mitigation Banks Authorized. –
Any individual or public or private entity may establish a wetland mitigation bank, provided such bank complies with all federal and state regulations and all requirements of the Army Corps of Engineers.
Source.
2012, 74:1, eff. July 22, 2012.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-A - Fill and Dredge in Wetlands › Section 482-A:35 - Repealed by 2018, 95:2, eff. Nov. 30, 2021.

482-A:35 Repealed by 2018, 95:2, eff. Nov. 30, 2021. –
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-B - New Hampshire Water Well Board › Section 482-B:1 - Purpose.

482-B:1 Purpose. –
The purpose of this chapter is to protect and improve the general health and welfare of the people of the state of New Hampshire; to protect the groundwater resources of the state; to regulate the construction of water wells and the installation of well pumps; to license water well contractors and well pump installers; to provide well records; to create a water well board; and to provide for penalties for violations of this chapter.
Source.
1989, 339:1. 1998, 89:1, eff. July 18, 1998.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-B - New Hampshire Water Well Board › Section 482-B:2 - Definitions.

482-B:2 Definitions. –
For the purposes of this chapter:
I. "Board" means the New Hampshire water well board established under RSA 482-B.
I-a. "Commissioner" means the commissioner of environmental services.
I-b. "Department" means the department of environmental services.
II. "Person" includes an individual, partnership, corporation, association, or organization, or any combination thereof.
III. "Pump installations" means and includes the industry, procedure, and all operations engaged in by any person, full time or part time, for compensation or otherwise, to connect a pump or pipe to a water system or its appurtenances, or to install a pump or pipe in a well.
IV. "Pump installer" means a person who engages in pump installations.
IV-a. "Technical drilling" means and includes the industry, procedure and all operations engaged in by any person, full time or part time, for compensation or otherwise, to conduct subsurface soil exploration, foundation borings including cased or auger borings, rock core drilling, and monitoring well installation.
IV-b. "Technical driller" means a person licensed to engage in technical drilling.
V. "Water well construction" means and includes the industry, procedure, and all operations engaged in by any person, full time or part time, for compensation or otherwise, to obtain water from a well by drilling, digging, developing including hydrofracturing, or other method, for any purpose or use.
VI. "Water well contractor" means a person who engages in water well construction.
VII. "Well" means a hole or shaft sunk into the earth which is deeper than it is wide to observe, sample, or withdraw groundwater, or to transfer heat to or from the subsurface.
Source.
1989, 339:1. 1998, 89:2-5. 2009, 27:1, eff. July 7, 2009.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-B - New Hampshire Water Well Board › Section 482-B:3 - Water Well Board.

482-B:3 Water Well Board. –
I. There is created a board to be known as the New Hampshire water well board. The water well board shall be administered by the commissioner of environmental services. The board shall consist of 7 members who are residents of the state, appointed by the governor with the advice and consent of the council as follows: one member shall be the commissioner, department of environmental services, or designee; one shall be the state geologist; 2 shall be active water well contractors with at least 10 years of experience; one shall be an active pump installer with at least 10 years of experience; one shall be an active technical driller licensed in the state of New Hampshire with at least 10 years of experience; and one shall be a member of the public who has demonstrated concern for and knowledge of water resources management in New Hampshire. Each member shall hold office for a term of 3 years and until a successor is appointed and qualified. No member shall serve more than 2 consecutive terms. Appointments to fill vacancies shall be for the unexpired term. The governor and council may remove any member of the board for good cause.
II. The board shall meet at least 4 times a year. The board shall elect a chairman and a secretary annually from its membership. The secretary shall keep a complete record of all meetings and proceedings of the board and shall perform the usual duties pertaining to the office. The board may employ such assistants as may be required.
III. To safeguard the public health, the board shall promote and encourage cooperation among water well contractors, pump installers, technical drillers, and governmental agencies in the development and protection of records of underground water formations and resources. The board shall prepare and make available to the public information relative to groundwater resources in the state.
Source.
1989, 339:1. 1996, 228:64. 1997, 339:1, eff. June 23, 1997.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-B - New Hampshire Water Well Board › Section 482-B:4 - Rulemaking.

482-B:4 Rulemaking. –
The water well board shall adopt rules under RSA 541-A relative to:
I. The application procedure for a water well contractor or pump installer license.
II. The qualifications of applicants in addition to those requirements set by RSA 482-B:5, III.
III. The types of licenses to be issued.
IV. Applicant examination methods including:
(a) Time and place of examination, and
(b) Passing grade.
V. License renewal, including the requirements for continuing education.
VI. The establishment of all fees required under this chapter at rates which will make the board self-supporting, including fees for the processing of license applications, for examination of applicants, for licensure and for renewal of licenses, for transcribing and transferring records, and other services.
VII. Applicant examination for professional and technical proficiency when the applicant has been:
(a) Licensed in another state but has not taken a written examination, or
(b) Holding nonactive status for a period of 3 years or more.
VIII. Procedures for hearings held under RSA 482-B:9, II.
IX. The information to be included in records required under RSA 482-B:10.
X. Standards for the construction, maintenance, and abandonment of wells.
XI. Procedures for requesting an exemption pursuant to RSA 482-B:13.
Source.
1989, 339:1. 1998, 89:6-8, eff. July 18, 1998.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-B - New Hampshire Water Well Board › Section 482-B:5 - Licensing for Water Well Contractors and Pump Installers.

482-B:5 Licensing for Water Well Contractors and Pump Installers. –
I. A person, before engaging in the business of constructing a well or installing a pump, shall obtain the proper license annually as a water well contractor or pump installer. A license shall not be transferable and shall expire on June 30 of each year. After July 31 of each year, a license may be renewed only upon application for renewal and payment of a late fee of $20 in addition to the regular license fee.
II. The water well contractor's license and the pump installer's license shall contain the following information, in addition to such other information as the board may require:
(a) The name of the licensed water well contractor or licensed pump installer.
(b) If the licensee is a partnership, the names and addresses of all partners.
(c) If the licensee is a corporation, the name and principal address of the corporation and the names and addresses of all officers, directors, and stockholders of the corporation; except that this requirement shall not apply to a publicly held corporation.
(d) If the licensee is an individual, the name and address of the individual.
III. Water well contractors and pump installers shall be required to have been actively engaged in their trade for a period of 3 years prior to the date of their application and to pass an examination prepared and administered by the board. The required 3 years experience shall be directly related to the type of license to be issued. One year of experience for drilling contractors shall be in drilling water wells in crystalline rocks of the Appalachian Region.
IV. The board may issue an appropriate license without examination to a person to whom a water well contractor's license or a pump installer's license has been previously issued by another state if the other state maintained a standard of requirements equivalent to those of this state and who presents satisfactory proof to the board that he is a bona fide water well contractor or pump installer. An applicant under this paragraph shall be exempt from examination only if he holds a license from another state and, if under the laws or rules of the other state issuing the license, a like exemption is granted to water well contractors or pump installers duly licensed under the laws of this state.
V. Pump installers shall complete a minimum of 2 hours annually of continuing education.
Source.
1989, 339:1. 1998, 89:9-11, eff. July 18, 1998.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-B - New Hampshire Water Well Board › Section 482-B:6 - Display of License.

482-B:6 Display of License. –
A water well contractor shall place in a conspicuous location on both sides of each well drilling rig or other machine used to construct a well and a pump installer shall place in a conspicuous location on both sides of each pump service truck the license number in letters not less than 2 inches high. A seal furnished by the board designating the year the license was issued or renewed and the words 'Licensed New Hampshire Water Well Contractor' or 'Licensed New Hampshire Pump Installer' shall be affixed directly adjacent to the license number.
Source.
1989, 339:1. 1998, 89:12, eff. July 18, 1998.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-B - New Hampshire Water Well Board › Section 482-B:7 - Plumbers Exempted.

482-B:7 Plumbers Exempted. –
This chapter shall not restrict a plumber from engaging in the trade for which the plumber has been licensed if such plumber holds a pump installer's license. No examination shall be required for a person who is a plumber licensed under RSA 153:27-a and holds a valid pump installer's license on the effective date of this section.
Source.
1989, 339:1. 1998, 89:12, eff. July 18, 1998. 2013, 275:13, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482-B - New Hampshire Water Well Board › Section 482-B:8 - Refusal; Revocation; Suspension; Disciplinary Action.

482-B:8 Refusal;  Revocation;  Suspension;  Disciplinary Action. –
I. A license may be refused, or a license duly issued may be suspended or revoked, or the renewal of such license refused by the board on the board's own investigation and motion or upon motion or written complaint of an interested party if the board has good and sufficient reason to believe or finds that the applicant for or the holder of such a license has:
(a) Made a material misstatement in the application for a license or any application for renewal of such license.
(b) Obtained the license through willful fraud or misrepresentation.
(c) Demonstrated incompetency to act as a water well contractor or pump installer as determined by the water well board.
(d) Been guilty of willful failure to comply with the provisions of this chapter or rules adopted under RSA 482-B:4.
(e) Refused to file reports as required under RSA 482-B:10.
(f) Been found guilty, by the board or by a court of competent jurisdiction of any fraud, deceit, gross negligence, incompetence, or misconduct in the industry, operations, or business of water well construction or pump installations.
II. The department may undertake one or more of the following disciplinary actions upon the department's own investigation and motion or upon written complaint and motion of an interested party if the department has good and sufficient reason to believe or finds that the applicant for or the holder of such a license has violated the provisions of RSA 482-B and the rules of the board:
(a) Written reprimand.
(b) Administrative order.
(c) Administrative fine.
(d) Requiring the licensee to participate in a program of continuing education in the area or areas in which the licensee has been found deficient.
Source.
1989, 339:1. 1998, 89:13, eff. July 18, 1998.