Bill Text: NH SB344 | 2012 | Regular Session | Introduced

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Bill Title: Allowing the department of resources and economic development to cut vegetation in shoreland areas where public safety is of concern.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Passed) 2012-06-05 - Senate Signed by the Governor on 06/05/2012; Chapter 0137; Effective 08/04/2012 [SB344 Detail]

Download: New_Hampshire-2012-SB344-Introduced.html

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SB 344 –AS INTRODUCED

2012 SESSION

12-2867

06/10

SENATE BILL 344

AN ACT allowing the department of resources and economic development to cut vegetation in shoreland areas where public safety is of concern.

SPONSORS: Sen. Sanborn, Dist 7; Sen. Barnes, Jr., Dist 17; Sen. De Blois, Dist 18; Sen. Forsythe, Dist 4; Sen. Gallus, Dist 1; Sen. Groen, Dist 6; Sen. Lambert, Dist 13; Sen. Luther, Dist 12; Sen. Stiles, Dist 24; Sen. White, Dist 9; Rep. Bettencourt, Rock 4

COMMITTEE: Energy and Natural Resources

ANALYSIS

This bill permits the department of resources and economic development to cut vegetation within the protected shoreland when there is a public safety concern.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2867

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT allowing the department of resources and economic development to cut vegetation in shoreland areas where public safety is of concern.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Powers and Duties of the Department of Resources and Economic Development; Cutting of Vegetation in Protected Shoreland. Amend RSA 12-A:1-c to read as follows:

12-A:1-c Powers and Duties of Department of Resources and Economic Development.

I. In addition to any other powers and duties set forth in this chapter or as otherwise provided by statute, the department of resources and economic development shall have the power and duty to plan and conduct a program of information and publicity to attract tourists, visitors, industrial concerns and other interested persons from outside the state to the state of New Hampshire, and to encourage, coordinate, and participate in the efforts of other public and private organizations or groups of citizens in order to publicize the facilities, industrial advantages and other attractions of the state for the same purposes.

II. The department of resources and economic development shall also have the power and duty to cut vegetation on public lands within the protected shoreland under RSA 483-B when overgrowth of vegetation impairs law enforcement activities and endangers public safety.

III. The department of resources and economic development shall also have the power and duty to plan and conduct inspections at least semi-annually and to plan and conduct necessary maintenance, monitoring and consulting work to ensure the preservation of the “Old Man of the Mountain.” The commissioner shall assign, with the approval of the advisory commission, such duties and functions to the 3 divisions of the department, as in his discretion will best effectuate the purposes, powers and duties set forth in this section and as otherwise provided by statute, provided, however, that the commissioner shall assign such duties and functions relating to the preservation of the “Old Man of the Mountain” to the division of parks and recreation and to the officially designated caretaker for the “Old Man of the Mountain.”

2 Maximum Shoreland Protection Standards. Amend RSA 483¬B:9,V(a)(2)(D)(vi) to read as follows:

(vi) Owners of lots and holders of easements on lots that were legally developed prior to July 1, 2008 may maintain but not enlarge cleared areas, including but not limited to existing lawns, gardens, landscaped areas, beaches, and rights-of-way for public utilities, public transportation, and public access, and may repair existing utility structures within the waterfront buffer. Conversion to or planting of cleared areas with non-invasive species of ground cover, shrubs, saplings, and trees is encouraged but shall not be required unless it is necessary to meet the requirements of subparagraph (g)(2) or (g)(3), or RSA 483-B:11, II. In addition, the commissioner of the department of resources and economic development may order vegetation on public lands within the protected shoreland to be cut when overgrowth of vegetation impairs law enforcement activities and endangers public safety.

3 Minimum Shoreland Protection Standards. Amend RSA 483-B:9, V(b)(2)(A) to read as follows:

(2)(A) Within the natural woodland buffer of a given lot the vegetation, except lawn, within at least 25 percent of the area outside the waterfront buffer shall be maintained unaltered or improved with additional vegetation. Owners of lots legally developed or landscaped prior to July 1, 2008 that do not comply with this standard are encouraged to, but shall not be required to, increase the percentage of area to be maintained in an unaltered state. The percentage of area maintained in an unaltered state on nonconforming lots shall not be decreased. In addition, the commissioner of the department of resources and economic development may order vegetation on public lands within the protected shoreland to be cut when overgrowth of vegetation impairs law enforcement activities and endangers public safety.

4 Effective Date. This act shall take effect 60 days after its passage.