reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-A - Department of Natural and Cultural Resources › Section 12-A:43-b - Repealed by 2017, 156:37, XXIX, eff. July 1, 2017.

12-A:43-b Repealed by 2017, 156:37, XXIX, eff. July 1, 2017. –
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-A - Department of Natural and Cultural Resources › Section 12-A:44 - Repealed by 2010, 368:1(1), eff. Dec. 31, 2010.

12-A:44 Repealed by 2010, 368:1(1), eff. Dec. 31, 2010. –
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-A - Department of Natural and Cultural Resources › Section 12-A:45 - Repealed by 2017, 156:37, XXX, eff. July 1, 2017.

12-A:45 Repealed by 2017, 156:37, XXX, eff. July 1, 2017. –
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-A - Department of Natural and Cultural Resources › Section 12-A:45-a - Repealed by 2017, 156:37, XXXI, eff. July 1, 2017.

12-A:45-a Repealed by 2017, 156:37, XXXI, eff. July 1, 2017. –
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-A - Department of Natural and Cultural Resources › Section 12-A:46 - Repealed by 2017, 156:37, XXXII, eff. July 1, 2017.

12-A:46 Repealed by 2017, 156:37, XXXII, eff. July 1, 2017. –
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-A - Department of Natural and Cultural Resources › Section 12-A:47 - Repealed by 2017, 156:36, XXXIII, eff. July 1, 2017.

12-A:47 Repealed by 2017, 156:36, XXXIII, eff. July 1, 2017. –
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-A - Department of Natural and Cultural Resources › Section 12-A:48 - Repealed by 2017, 156:37, XXXIV, eff. July 1, 2017.

12-A:48 Repealed by 2017, 156:37, XXXIV, eff. July 1, 2017. –
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-A - Department of Natural and Cultural Resources › Section 12-A:49 - Repealed by 2017, 156:37, XXXV, eff. July 1, 2017.

12-A:49 Repealed by 2017, 156:37, XXXV, eff. July 1, 2017. –
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-A - Department of Natural and Cultural Resources › Section 12-A:51 - Repealed by 2017, 156:37, XXXVI, eff. July 1, 2017.

12-A:51 Repealed by 2017, 156:37, XXXVI, eff. July 1, 2017. –
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-A - Department of Natural and Cultural Resources › Section 12-A:52 - Repealed by 2017, 156:37, XXXVII, eff. July 1, 2017.

12-A:52 Repealed by 2017, 156:37, XXXVII, eff. July 1, 2017. –
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-A - Department of Natural and Cultural Resources › Section 12-A:53 - Repealed by 2017, 156:37, XXXVIII, eff. July 1, 2017.

12-A:53 Repealed by 2017, 156:37, XXXVIII, eff. July 1, 2017. –
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-A - Department of Natural and Cultural Resources › Section 12-A:54 - Repealed by 2017, 156:37, XXXIX, eff. July 1, 2017.

12-A:54 Repealed by 2017, 156:37, XXXIX, eff. July 1, 2017. –
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-A - Department of Natural and Cultural Resources › Section 12-A:55 - Repealed by 2017, 156:37, XL, eff. July 1, 2017.

12-A:55 Repealed by 2017, 156:37, XL, eff. July 1, 2017. –
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-A - Department of Natural and Cultural Resources › Section 12-A:56 - Repealed by 2017, 156:37, XLI, eff. July 1, 2017.

12-A:56 Repealed by 2017, 156:37, XLI, eff. July 1, 2017. –
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-A - Department of Natural and Cultural Resources › Section 12-A:57 - Repealed by 2017, 156:37, XLII, eff. July 1, 2017.

12-A:57 Repealed by 2017, 156:37, XLII, eff. July 1, 2017. –
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-A - Department of Natural and Cultural Resources › Section 12-A:58 - Repealed by 2017, 156:37, XLIII, eff. July 1, 2017.

12-A:58 Repealed by 2017, 156:37, XLIII, eff. July 1, 2017. –
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-A - Department of Natural and Cultural Resources › Section 12-A:59 - Repealed by 2017, 156:37, XLIV, eff. July 1, 2017.

12-A:59 Repealed by 2017, 156:37, XLIV, eff. July 1, 2017. –
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-A - Department of Natural and Cultural Resources › Section 12-A:59-a - Repealed by 2017, 156:37, XLV, eff. July 1, 2017.

12-A:59-a Repealed by 2017, 156:37, XLV, eff. July 1, 2017. –
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-A - Department of Natural and Cultural Resources › Section 12-A:60 - Repealed by 2017, 156:37, XLVI, eff. July 1, 2017.

12-A:60 Repealed by 2017, 156:37, XLVI, eff. July 1, 2017. –
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-A - Department of Natural and Cultural Resources › Section 12-A:61 - Repealed by 2017, 156:37, XLVII, eff. July 1, 2017.

12-A:61 Repealed by 2017, 156:37, XLVII, eff. July 1, 2017. –
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-A - Department of Natural and Cultural Resources › Section 12-A:62 - Repealed by 2017, 156:37, XLVIII, eff. July 1, 2017.

12-A:62 Repealed by 2017, 156:37, XLVIII, eff. July 1, 2017. –
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-A - Department of Natural and Cultural Resources › Section 12-A:63 - Repealed by 2017, 156:37, XLIX, eff. July 1, 2017.

12-A:63 Repealed by 2017, 156:37, XLIX, eff. July 1, 2017. –
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-A - Department of Natural and Cultural Resources › Section 12-A:64 - Repealed by 2017, 156:37, L, eff. July 1, 2017.

12-A:64 Repealed by 2017, 156:37, L, eff. July 1, 2017. –
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-A - Department of Natural and Cultural Resources › Section 12-A:65 - Repealed by 2017, 156:37, LI, eff. July 1, 2017.

12-A:65 Repealed by 2017, 156:37, LI, eff. July 1, 2017. –
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-A - Department of Natural and Cultural Resources › Section 12-A:66 - Repealed by 2017, 156:37, LII, eff. July 1, 2017.

12-A:66 Repealed by 2017, 156:37, LII, eff. July 1, 2017. –
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-A - Department of Natural and Cultural Resources › Section 12-A:67 - Repealed by 2017, 156:36, LIII, eff. July 1, 2017.

12-A:67 Repealed by 2017, 156:36, LIII, eff. July 1, 2017. –
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-A - Department of Natural and Cultural Resources › Section 12-A:68 - Coastal Resilience and Cultural and Historic Reserve Districts.

12-A:68 Coastal Resilience and Cultural and Historic Reserve Districts. –
Municipalities, regional planning commissions, the coastal resilience and cultural and historic reserve district commission, and state agencies may establish coastal resilience and cultural and historic reserve districts, which shall comprise lands suitable and eligible as a reserve of sufficient elevation and distance from tidal and riverine waters for historic properties and other historic and cultural resources, including historic burial grounds. The acquisition of land and the acquisition, removal, restoration, and placement of such resources by municipalities, the coastal resilience and cultural and historic reserve district commission, and state agencies may be funded by municipal funding, including bonding, private and non-profit donations, funding from the land and community heritage investment trust program established RSA 227-M:7, the conservation number plate fund established in RSA 261:97-b, and funding from the state and federal government. Such districts may be established as municipal or regional development districts under RSA 162-K. An existing local historic district, as defined in RSA 674:45-50, may, upon recommendation by a municipal governing body, be designated by the coastal resilience and cultural and historic reserve district commission as a coastal resilience and cultural and historic reserve district.
Source.
2019, 318:4, eff. Oct. 2, 2019.
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-A - Department of Natural and Cultural Resources › Section 12-A:69 - Coastal Resilience and Cultural and Historic Reserve District Fund.

12-A:69 Coastal Resilience and Cultural and Historic Reserve District Fund. –
There is established a nonlapsing fund to be known as the coastal resilience and cultural and historic reserve district fund in the department of natural and cultural resources. The fund shall be used for assessing historic resource vulnerability, for implementing adaptation measures that protect endangered cultural and historic resources, for the acquisition of land and the acquisition, removal, restoration, and placement of historic properties and other historic and cultural resources including historic burial grounds in danger of flooding from tidal and riverine waters when other adaptation measures are insufficient. The fund shall be managed by the coastal resilience and cultural and historic reserve district commission established in RSA 12-A:70.
Source.
2019, 318:4, eff. Oct. 2, 2019.
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-B - Community Recreation Service › Section 12-B:1 - Purpose and Definition.

12-B:1 Purpose and Definition. –
The purpose of this chapter shall be to provide, upon request, to the municipalities and other political subdivisions of the state and to non-governmental organizations, assistance in the development of wholesome and adequate recreation, and recreation, for the purpose of this chapter, is defined to mean those activities and interests which provide a diversification of occupation and which aid in promoting worthy use of leisure time, pursuit of happiness, satisfaction, recreative enjoyment, fullness of life, relaxation, instruction and education, physical and mental health, and cultural developments and experiences of a leisure-time nature.
Source.
1965, 259:1, eff. July 1, 1965.
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-B - Community Recreation Service › Section 12-B:2 - Director of Community Recreation.

12-B:2 Director of Community Recreation. –
There is hereby established the position of director of community recreation in the department of natural and cultural resources. The commissioner of natural and cultural resources shall appoint a director of community recreation who shall meet the minimum qualifications necessary to be classified as a professional recreator under the voluntary registration plan of the New Hampshire Recreation Society. This shall be a classified position within the state classification system. The director shall receive compensation commensurate with salaries paid to comparable competitive positions in the other New England states as determined by the department of personnel.
Source.
1965, 259:1, eff. July 1, 1965. 2017, 156:14, I, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-B - Community Recreation Service › Section 12-B:3 - Duties.

12-B:3 Duties. –
It shall be the duty of the director of community recreation:
I. To provide guidance to local communities, on request, in establishing, organizing, promoting, conducting, and financing recreation programs.
II. To provide suggestions to local communities, on request, on facility development, in-service training of employees, utilization of local and state resource material and personnel.
III. To co-operate with state and federal agencies, private membership groups, and with commercial recreational interests, in the promotion of recreational opportunities.
IV. To make available suggestions whereby the various service and civic groups in the state can provide recreation services and donations to recreation projects on a sound and coordinated basis.
V. To encourage local communities to provide for appropriate recreation for the ill and disabled.
VI. To provide suggestions whereby our senior citizens can live a meaningful life and utilize their skills and talents for the benefit of the community and themselves.
VII. To study and appraise recreational needs of the state and to assemble and disseminate information relative to recreation.
VIII. To aid in recruiting, training, and placing recreation workers, and promote recreation institutes and conferences.
IX. To establish and promote recreational standards.
X. To submit an annual report of his activities.
XI. To serve as liaison to the office of outdoor recreation industry development established pursuant to RSA 12-O:23-a.
Source.
1965, 259:1. 1990, 140:2, X, eff. June 18, 1990. 2019, 346:272, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-B - Community Recreation Service › Section 12-B:4 - Highway Bicycle Paths or Trails.

12-B:4 Highway Bicycle Paths or Trails. –
The director of community recreation is authorized to designate with the approval of the commissioner of transportation and the commissioner of natural and cultural resources certain class I, II, III and IV highways as appropriate bicycle paths or trails as defined by RSA 230:74, IV. He shall consult with the commissioner of transportation or his designee and with such other state and local groups as he deems appropriate in designating such highway bicycle paths or trails.
Source.
1973, 569:1. 1981, 337:7, eff. Aug. 16, 1981. 2017, 156:14, I, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-B - Community Recreation Service › Section 12-B:5 - Path or Trail Map.

12-B:5 Path or Trail Map. –
The director of community recreation shall prepare and print a map and other literature which will describe the bicycle paths or trails designated pursuant to the provisions of RSA 12-B:4 and will provide other information of use to bicyclers.
Source.
1973, 569:1. 1981, 337:8, eff. Aug. 16, 1981.
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-E - Mining and Reclamation › Section 12-E:2-a - Duties of the Commissioner of the Department of Environmental Services.

12-E:2-a Duties of the Commissioner of the Department of Environmental Services. –
The commissioner of the department of environmental services shall:
I. Report to the commissioner any violation by a mining operator of:
(a) Any statute for which the department of environmental services has enforcement authority;
(b) Any permit issued by the department of environmental services; and
(c) Any rule adopted by the department of environmental services.
II. Give notice to the commissioner of any proceeding by the department of environmental services to revoke, suspend, or modify any permit issued to a mining operator by the department of environmental services.
III. Investigate any alleged violation by a mining operator of any statute, rule, or condition of any permit issued by the department of environmental services and report the results of such investigation to the commissioner.
Source.
2010, 331:3, eff. Sept. 18, 2010.
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-E - Mining and Reclamation › Section 12-E:2-b - No Infringement on Existing Authority of the Department of Environmental Services.

12-E:2-b No Infringement on Existing Authority of the Department of Environmental Services. –
Nothing in this chapter shall be construed to prevent the department of environmental services from regulating, whether by adoption of rules, issuance of permits, or enforcement of statutes, rules, or permits, such aspects of mining operations that are within the scope of the programs implemented by the department of environmental services, including those relating to air quality, surface water quality including wastewater disposal, groundwater protection, management of solid and hazardous wastes, and site cleanup and reclamation.
Source.
2010, 331:3, eff. Sept. 18, 2010.
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-E - Mining and Reclamation › Section 12-E:3 - Prospecting Permit Required.

12-E:3 Prospecting Permit Required. –
I. Prior to prospecting for minerals on any lands within the state a person shall obtain a prospecting permit from the commissioner upon payment of a fee pursuant to RSA 12-E:8. The commissioner may attach conditions upon issuance of the permit to minimize the environmental damage of such activities. Such prospecting permit shall be valid for a term of one year subject to renewal upon request to the commissioner. The prospecting permit shall not be effective until all required permits are obtained from the department of environmental services.
II. If prospecting activities continue on property for which a mining permit is issued by the commissioner, such activities shall be incorporated into the plan and renewal of a prospecting permit shall not be required.
III. Possession of a prospecting permit shall not entitle any person to prospect upon any land owned, leased, rented or occupied by another without the express written permission of the landowner and other persons having a legal interest in the land or the mineral rights therein.
Source.
1979, 467:1. 2010, 331:4, eff. Sept. 18, 2010.
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-E - Mining and Reclamation › Section 12-E:5 - Public Hearing; Notice.

12-E:5 Public Hearing;  Notice. –
I. Upon filing of a permit application or an application for an amended permit, the applicant shall provide a copy of the application to the local governing body where the property to be affected is located and shall publish public notice of such application in a newspaper in general circulation in each county where the property to be affected is located.
II. The commissioner shall hold a public hearing. Notice of the public hearing shall be given as follows:
(a) Every abutter and holder of conservation, preservation, or agricultural preservation restrictions shall be notified of the hearing by certified mail stating the time and place of the hearing, and such notice shall be given not less than 5 days before the date fixed for the hearing.
(b) A public notice of the hearing shall be placed in a newspaper of general circulation in the area not less than 5 days before the date fixed for the hearing.
III. The public hearing shall be held within 30 days of the receipt of the permit application or application for an amended permit.
IV. Any party may appear in person or by the party's agent or attorney at the hearing.
V. The cost of the public hearing notice, whether mailed, posted, or published, shall be paid in advance by the applicant. Failure to pay such costs shall constitute valid grounds for the commissioner to terminate further consideration and to deny the application without public hearing.
Source.
1979, 467:1. 2010, 331:6, eff. Sept. 18, 2010.
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-E - Mining and Reclamation › Section 12-E:6 - Financial Assurance Plan.

12-E:6 Financial Assurance Plan. –
I. Upon approval of the mining and closure plans and prior to the issuance of a permit, the operator shall file with the commissioner proof of adequate financial assurances, as determined and required by the commissioner, payable to the state of New Hampshire with sureties or other security satisfactory to the commissioner to adequately secure compliance with this chapter upon default by the operator. The amount provided shall equal at least 110 percent of the costs necessary to achieve the requirements set forth in the approved closure plan. The commissioner shall have the authority to adjust after the issuance of the permit the financial assurances required commensurate with any change in information or circumstances, including but not limited to the size and impact of the permitted mining operation or a modification of planned closure activities. In no case shall the financial assurances provided be less than $10,000 per acre of permitted site. The commissioners of the department of natural and cultural resources and the department of environmental services shall review the adequacy of the financial assurances provided at the time of permit renewal or when an amendment to the existing permit is requested, and at such other times as deemed appropriate.
II. All proceeds of forfeited financial assurance or other security shall be expended by the commissioner for closure of the affected site. Upon issuance of a certification in writing, signed by the commissioner, that all closure activities have been satisfactorily completed, the remainder of any financial assurance shall revert to the operator or other party as designated in the financial assurance plan.
III. The commissioner shall establish a schedule, as is appropriate, for the partial release of the financial assurances as portions of closure activities are completed. All financial assurances provided, or portions thereof as detailed in the schedule, shall be released when closure of the affected site, or portions thereof, have been completed by the operator to the satisfaction of the commissioner and in no case sooner than 3 years from its filing.
IV. A financial assurance plan for prospecting may be required by the commissioner whenever he or she determines possible injury to the land or water may occur and such activity does not occur on a permitted site.
V. All approvals, adjustments, expenditures, and releases of financial assurances as provided for in this section shall require the concurrence of the commissioner of the department of environmental services.
Source.
1979, 467:1. 2010, 331:7, eff. Sept. 18, 2010. 2017, 156:14, I, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-E - Mining and Reclamation › Section 12-E:8 - Fees.

12-E:8 Fees. –
I. The commissioner shall establish a fee for filing and obtaining both a prospecting permit and a mining permit. The fee, as determined by the commissioner, shall be adequate to cover the costs for acting upon the application but in no case shall the fees be less than $10 for a prospecting permit and $350 for a mining permit. The commissioner may require a fee for the filing of amendments.
II. Upon approval of the application and prior to the issuance of a mining permit, an additional fee of $60 per acre of all permit lands shall be paid to the commissioner. Whenever acreage is increased by amendment, the requisite fee shall be paid.
III. The fees collected pursuant to this section shall be placed in a special fund for the administration of this chapter.
Source.
1979, 467:1, eff. Aug. 24, 1979.
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-E - Mining and Reclamation › Section 12-E:9 - Leasing of State Owned Lands.

12-E:9 Leasing of State Owned Lands. –
I. The commissioner shall make recommendations to the governor and council pursuant to RSA 4:40 concerning leasing of state owned lands for mining activities.
II. When approved by the governor and council, the commissioner shall issue prospecting permits to persons pursuant to rules adopted under RSA 12-E:2, VIII(f) to entitle persons to prospect for valuable mineral deposits, excepting common sand and gravel, on state owned lands. Any prospector who discovers a valuable mineral deposit may submit an application for a mining permit.
III. The commissioner shall determine the terms of any mining lease, including the amount of acreage, duration of lease, rental cost, royalties, and any conditions concerning extraction of minerals or reclamation of the leased land upon application for such lease by the prospector.
IV. Persons who lease such property for any mining operations shall be required to obtain a mining permit in accordance with this chapter.
Source.
1979, 467:1. 2010, 331:9, eff. Sept. 18, 2010.
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-E - Mining and Reclamation › Section 12-E:10 - Violations.

12-E:10 Violations. –
I. If the commissioner determines a violation has been or is being committed by an operator in relation to this chapter or to any rule adopted under this chapter or to the terms of the issued permit, the commissioner shall issue and serve upon the operator a written order to halt the violation activities. Such order shall specify the violation. The operator shall have 60 days to correct the violation or face revocation or suspension of his or her mining permit and partial or full forfeiture of the financial assurance plan after notice and hearing.
II. The operator may appeal the order to the commissioner within 5 days after receiving such order. The commissioner shall hold a hearing within 10 days of the operator's appeal.
III. A violation hearing shall be held, if requested, and the operator may appear in person or by attorney to answer the allegations of the violation and to present relevant testimony and evidence. After hearing the evidence presented, the commissioner shall determine whether a violation exists. The operator shall be promptly notified of the commissioner's findings and decision by certified mail. A copy of the decision shall be posted at the entrance to the permit site. If such appeal is entered, the 60 day corrective period shall commence upon the date of the commissioner's decision.
IV. Upon the operator's noncompliance with the order, the commissioner shall hold a revocation or suspension hearing within 10 days after the expiration of the 60 day period. The commissioner shall notify the operator by certified mail of the hearing and shall enclose a statement specifying the allegations of violation to be answered. A copy of the statement shall be posted at the entrance to the permit site.
V. A revocation or suspension hearing shall be held and the operator may appear in person or by attorney to show good cause as to why the permit should not be revoked or suspended. After hearing the evidence presented, the commissioner shall determine whether the mining permit shall be immediately revoked or suspended or the operation enjoined. The operator shall be promptly notified of the commissioner's findings and decision by certified mail. A copy of the decision shall be posted at the entrance to the permit site.
VI. Upon revocation or suspension of the mining permit the commissioner may cause to have instituted by the attorney general a civil action in a court of competent jurisdiction to partially or fully forfeit the financial assurance plan of the operator.
Source.
1979, 467:1. 2010, 331:10, eff. Sept. 18, 2010.
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-E - Mining and Reclamation › Section 12-E:11 - Emergency Procedure.

12-E:11 Emergency Procedure. –
Whenever the commissioner finds that a violation of this chapter or rules adopted under this chapter or a permit issued under this chapter exists which presents an immediate and substantial harm to the health, safety, or general welfare of the public or to the environment, he or she may order the operator to immediately halt the alleged violation. Service on the commissioner's findings and a copy of the order shall be made upon the operator by the sheriff or a deputy within the county where the operator maintains the mining operation affected by such order. The operator shall comply immediately. Said operator may apply to the commissioner for a hearing on such order, which shall be held within 2 working days after receipt of the request therefor, and shall be conducted pursuant to RSA 12-E:10.
Source.
1979, 467:1. 2010, 331:10, eff. Sept. 18, 2010.
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-E - Mining and Reclamation › Section 12-E:12 - Penalties and Other Relief.

12-E:12 Penalties and Other Relief. –
I. Any person who violates any provisions of this chapter or any rule or cease and desist order of the commissioner issued pursuant to this chapter, or any condition or limitation in a permit or amendment issued under this chapter or who shall fail, neglect, or refuse to obey any order lawfully issued pursuant to this chapter shall be subject to a civil penalty not to exceed $20,000 for each day the violation continues.
II. The commissioner may issue a written cease and desist order against any act found in violation of this chapter or lawful regulation made under it or any condition of any permit lawfully issued by the commissioner, and any such act may be enjoined by the superior court upon application of the attorney general.
III. The written cease and desist order issued pursuant to the provisions of RSA 12-E:12, II shall be recorded by the commissioner in the registry of deeds for the county in which the site is situated and, upon recordation, said order shall run with the land; provided, however, that an appropriate description of the land involved including the accurate name of the owner thereof shall be incorporated in the cease and desist order. No fee shall be charged for recording such an administrative order; however, the fee for discharge of any such order shall be the same as for the discharge of a real estate property mortgage.
Source.
1979, 467:1. 2010, 331:11, eff. Sept. 18, 2010.
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-E - Mining and Reclamation › Section 12-E:13 - Judicial Review.

12-E:13 Judicial Review. –
Decisions made pursuant to this chapter by the commissioner shall be reviewable in accordance with RSA 541.
Source.
1979, 467:1, eff. Aug. 24, 1979.
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-E - Mining and Reclamation › Section 12-E:14 - Citizen Suits.

12-E:14 Citizen Suits. –
I. Any person who is or may be aggrieved or has an interest which is or may be adversely affected may commence a civil action on his own behalf to compel compliance with this chapter against any operator who is alleged to be in violation of this chapter, its regulations or any order or permit issued under this chapter.
II. No civil action may be commenced prior to 30 days after the plaintiff has notified the commissioner of the violation in writing and the commissioner fails to take any enforcement action under RSA 12-E:10 or 12-E:11.
III. The court, in issuing any final order in any action, may award costs of litigation including attorney and expert witness fees to any party whenever the court determines such award is appropriate.
Source.
1979, 467:1, eff. Aug. 24, 1979.
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-F - Weather Modification Experimentation › Section 12-F:1 - Weather Modification Experimentation.

12-F:1 Weather Modification Experimentation. –
I. Any department or agency of the state may, with the approval of the governor and council and within the limits of appropriated funds or by means of gifts, donations or grants, engage in and undertake experimentation in the techniques and methods for weather modification, and may cooperate therein with the federal government, with authorized agencies of other states, and with interested persons and organizations.
II. At least 2 months prior to the presentation to the governor and executive council for approval of engagement in or experimentation in techniques and methods for weather modification, the department or agency of the state participating in such engagement or experimentation shall do the following:
(a) Place a public notice in at least 4 newspapers within the state and on the departmental Internet website informing the public of the date and type of the proposed weather modification program or experimentation events within the state.
(b) Disclose to the public the chemical compounds and technologies to be used in the proposed weather modification program or experimentation events in the state including the effects of the program or experimentation on human health, what wildlife and wildlife habitats may be affected, and the source of funding to perform such program or experimentation.
(c) Solicit public input regarding the proposed weather modification program or experimentation.
Source.
1985, 72:2, eff. July 1, 1985. 2021, 34:1, eff. July 16, 2021.
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-G - Pease Development Authority › Section 12-G:3 - Pease Development Authority Established.

12-G:3 Pease Development Authority Established. –
I. There is hereby created a body politic and corporate of the state, to be known as the Pease development authority, to carry out the provisions of this chapter. The authority is hereby deemed to be a public instrumentality, and the exercise by the authority of the powers conferred by this chapter shall be deemed and held to be the performance of public and essential governmental functions of the state.
II. Any resolution or contract executed or approved by or on behalf of the commission shall be binding on, shall inure to the benefit of, and shall be performed by, the authority whether so expressed or not. All rights, title, and interest in and to all assets and all obligations and liabilities of the commission vested in or possessed by the commission on June 1, 1990, shall vest in and be possessed, performed, and assumed by the authority. The passing of rights, remedies, duties, covenants, agreements, and obligations in accordance with this paragraph shall not increase or diminish them.
III. Nothing in this chapter shall be construed as requiring the authority to assume, adopt, or otherwise be bound by the bylaws, votes, or decisions of the commission or any advisory committee thereof except as set forth in paragraph II and RSA 12-G:44.
IV. Any rule or contract executed or approved by or on behalf of the port authority shall be binding on, shall inure to the benefit of, and shall be performed by, the authority whether so expressed or not. All rights, title, and interest in and to all assets and all obligations and liabilities of the port authority vested in or possessed by the port authority when the duties, functions, and jurisdiction of the port authority are transferred to the authority shall vest in and be possessed, performed, and assumed by the authority. The passing of rights, remedies, duties, covenants, agreements, and obligations in accordance with this paragraph shall not increase or diminish them. Nothing in this chapter shall be construed as precluding the authority from amending or rescinding, to the extent permitted by law, and by law, rule, vote, or decision rendered by the port authority prior to the transfer to the authority of the duties, functions, and jurisdiction of the port authority.
Source.
2001, 290:6, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-G - Pease Development Authority › Section 12-G:5 - Statements of Financial Interests; Content; Form.

12-G:5 Statements of Financial Interests;  Content;  Form. –
I. Every member of the board shall file by July 1 of each year a verified written statement of financial interests in accordance with the provisions of this section, unless the member has already filed a statement in that calendar year.
II. A member of the board shall not be allowed to enter into or continue his or her duties, unless the member has filed a statement of financial interests with the secretary of state.
III. Statements of financial interests shall contain the following information:
(a) The name, address, and type of any professional, business, or other organization in which the reporting individual was an officer, director, associate, partner, proprietor, or employee, or served in any other professional or advisory capacity, and from which any income in excess of $10,000 was derived during the preceding calendar year.
(b) The description of any debt and the name of the creditor for all debts in excess of $5,000 owed by the reporting individual, as well as the description of any debt and the name of the debtor for all debts in excess of $5,000 owed to the reporting individual, but only if the creditor or debtor, respectively, or any guarantor of the debt, has done work for or business with the state in the preceding calendar year. Loans issued by financial institutions whose normal business includes the making of loans of the kind received by the reporting individual, and which are made at the prevailing rate of interest and in accordance with other terms and conditions standard for such loans at the time the debt was contracted need not be disclosed. Debt issued by publicly-held corporations and purchased by the reporting individual on the open market at the price available to the public need not be disclosed.
IV. The statement of financial interests shall be completed by typewriting or hand printing, and shall be verified, dated, and signed by the reporting individual personally. It shall be submitted on a form prescribed by the secretary of state.
Source.
2001, 290:6, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-G - Pease Development Authority › Section 12-G:6 - Disqualification of Member.

12-G:6 Disqualification of Member. –
If any director, or the spouse or issue of any director, shall be interested either directly or indirectly or shall be a director, officer, or employee of or have an ownership interest in any firm or corporation interested directly or indirectly in any contract or other matter with the authority, including any loan to any eligible mortgagor or loan to or purchase of any loan from any lending institution, such interest shall be disclosed to the board and shall be set forth in the minutes of the board. The member having such interest shall not participate on behalf of the authority in any proceedings or decision relating to such contract or matter.
Source.
2001, 290:6, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-G - Pease Development Authority › Section 12-G:7 - Duties.

12-G:7 Duties. –
I. The authority assumes from the commission and shall perform the following duties:
(a) Monitoring the proposed closing of Pease Air Force Base.
(b) Conducting a comprehensive study of all issues related to the closure, conversion, redevelopment, and future use of Pease Air Force Base. This study shall have as a primary concern the impact of the closure and redevelopment of Pease Air Force Base on the economies, environment, and quality of life of the affected communities, the seacoast region, and the state.
(c) Reviewing all options relative to the most appropriate use of Pease Air Force Base.
(d) Formulating and adopting a comprehensive plan for conversion and redevelopment of Pease Air Force Base and submitting this plan to the federal authorities no sooner than 30 days following submission to the appointing authorities.
(e) Submitting the comprehensive plan for the conversion and redevelopment of Pease Air Force Base to the appropriate agency or agencies of the federal government.
II. The authority shall at all times act in a manner which is consistent with the public good and pursuant to this chapter shall seek to implement the comprehensive plan for the conversion and redevelopment of Pease Air Force Base identified in paragraph I.
Source.
2001, 290:6, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-G - Pease Development Authority › Section 12-G:7-a - Payments for Centralized Business Services.

12-G:7-a Payments for Centralized Business Services. –
For the fiscal year ending June 30, 2010 and for each fiscal year thereafter, the authority shall pay the department of administrative services its portion of indirect costs for centralized business services, as determined by the statewide indirect cost allocation plan for the authority, including the division of ports and harbors.
Source.
2009, 144:233, eff. July 1, 2009.
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-G - Pease Development Authority › Section 12-G:9 - General Authority Power.

12-G:9 General Authority Power. –
In addition to the powers and duties specifically enumerated in RSA 12-G:7, RSA 12-G:8, and RSA 12-G:42, the authority shall have every power enumerated in the laws of the state granted to the authority, the division, the executive director, the division director, the port authority, or any administrative unit of the authority.
Source.
2001, 290:6, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-G - Pease Development Authority › Section 12-G:10 - Repealed by 2008, 356:12, I, eff. July 11, 2008.

12-G:10 Repealed by 2008, 356:12, I, eff. July 11, 2008. –
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-G - Pease Development Authority › Section 12-G:15 - Distribution of Excess Revenues.

12-G:15 Distribution of Excess Revenues. –
I. Subject to the limitations contained in RSA 12-G:2, XV, excess revenues of the authority may be distributed by the board annually within 30 days of the end of the authority's fiscal year as follows:
(a) 50 percent to the state treasurer for deposit in the general fund.
(b) 50 percent to the town of Newington, the town of Greenland, and the city of Portsmouth, to be distributed based upon the ratio of the equalized assessed value of the real property within the boundaries of Pease Air Force Base, but not including the airport district, located within the town or city limits of each municipality to the total equalized assessed value of all such property.
II. Before any excess revenues are distributed pursuant to subparagraphs I(a) and (b), the authority shall reimburse in full on a pro rata basis the state, the town of Newington, and the city of Portsmouth for all funds provided to the commission or authority since March 30, 1989.
III. The annual report prepared by the authority pursuant to RSA 12-G:29 shall include a detailed explanation of any distribution of excess revenues made pursuant to this section or of any decision by the board not to make such distribution.
Source.
2001, 290:6, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-G - Pease Development Authority › Section 12-G:16 - Limited Liability of State and Municipalities.

12-G:16 Limited Liability of State and Municipalities. –
I. Except as provided in paragraphs II and III of this section, all obligations and liabilities incurred by the authority related to airport property or airport projects, whether arising from bonds, contracts, or otherwise, shall be corporate obligations of the authority and not general obligations of the state or any political subdivision thereof, and neither the full faith and credit nor the taxing power of the state, nor any subdivision thereof is pledged to support such obligations, except as provided in RSA 12-G:31, nor shall they be deemed a debt of the state or any political subdivision thereof in determining its borrowing capacity under any applicable law.
II. Any agreement between the United States and any agency thereof and the authority shall constitute a binding agreement between the United States and the state. Any agreement between the United States and the authority obligating the state to expend funds may be satisfied in full by revenues, bond proceeds, or other funds provided by the authority in the first instance, and if such funds are insufficient, then the obligations shall be satisfied by the state from other funds. Furthermore, any agreement between the United States and the authority requiring payment of funds by the authority to purchase any property at Pease Air Force Base shall be satisfied in full by revenues, bond proceeds, or other funds provided by the authority, and such payment shall not require a pledge of the full faith and credit of the state, except as otherwise provided under RSA 12-G:31.
III. All obligations and liabilities incurred by the authority related to division property or division projects, whether arising from bonds, contracts, or otherwise, shall be general obligations of the state of New Hampshire.
Source.
2001, 290:6, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title I - The State and Its Government › Chapter 12-G - Pease Development Authority › Section 12-G:17 - Issuance of Bonds.

12-G:17 Issuance of Bonds. –
The authority may issue bonds which shall be obligations of the authority and not general obligations of the state, except as provided in RSA 12-G:31. Such bonds may be issued from time to time consistent with the purposes and provisions of this chapter, including, without limitation, financing the preacquisition costs and other costs of acquisition of any property or interest therein at Pease Air Force Base, or for any costs incurred in undertaking any airport project authorized by this chapter, or for paying or refunding any bonds issued pursuant to this section or interest thereon. The principal of, and premium, if any, and interest on all bonds shall be payable solely by the authority in accordance with the provisions of this chapter. Prior to each new issuance of bonds, the authority shall provide written notice to the state treasurer of the maximum amount of bonds proposed to be issued. The bonds shall be issued by the authority in such amounts as the board shall determine, not exceeding in the aggregate $250,000,000. Bonds of each issue shall be dated, shall bear interest at such rate or rates, including rates variable from time to time as determined by such index, banker's loan rate, or other method as may be determined by the board, and shall mature at such time or times as may be determined by the board, except that no bonds shall mature more than 30 years from their date of issue. Bonds may be made redeemable before maturity either at the option of the authority or at the option of the holder, or upon the occurrence of specified events, at such price or prices and under such terms and conditions as may be fixed by the board prior to the issuance of the bonds. The board shall determine the form and details of the bond. Subject to RSA 93-A, the bonds shall be signed by at least 4 members of the board. The bonds may be sold in such manner, either at public or private sale, for such price, at such rate or rates of interest, or at such discount in lieu of interest as the board may determine.
Source.
2001, 290:6, eff. July 1, 2001.