HB1136: (2nd New Title) relative to homeowner exemptions from certain environmental permitting, relative to certification as a wetland scientist, and making certain technical corrections.

CHAPTER 116

HB 1136 – FINAL VERSION

11Mar2004… 0628h

04/15/04 1086s

2004 SESSION

03-2108

08/09

HOUSE BILL 1136

AN ACT relative to homeowner exemptions from certain environmental permitting, relative to certification as a wetland scientist, and making certain technical corrections.

SPONSORS: Rep. Patten, Carr 7; Rep. Kathleen Taylor, Straf 70; Rep. Wall, Straf 72

COMMITTEE: Resources, Recreation and Development

AMENDED ANALYSIS

This bill:

I. Exempts homeowners from certain environmental permitting, and establishes detailed qualifications to be certified as a wetland scientist.

II. Requires the department of environmental services to recognize an exemption from the dredge and fill permitting requirements for a 2-year period.

III. Corrects certain statutory references.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2004… 0628h

04/15/04 1086s

03-2108

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to homeowner exemptions from certain environmental permitting, relative to certification as a wetland scientist, and making certain technical corrections.

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

116:1 Homeowner Exemption. Amend RSA 310-A:77 to read as follows:

310-A:77 Application. Any person, except as specifically exempted in this subdivision, who practices or offers to practice soil science or wetland science [for the general public] in this state shall be subject to the provisions of this subdivision.

116:2 New Paragraph; Homeowner Exemption. Amend RSA 310-A:79 by inserting after paragraph IV the following new paragraph:

V. A homeowner from preparing a plan to provide vehicular and utility access to the homeowner’s primary residence within 50 feet from the edge of a traveled way; provided, that he or she complies with rules adopted by the department of environmental services and standards adopted by the board.

116:3 Soil Scientist; Qualifications. RSA 310-A:84, II-a and II-b is repealed and reenacted to read as follows:

II-a. To be eligible for certification as a wetland scientist, a person shall meet high ethical and professional standards, have successfully passed an examination designed to determine the person’s proficiency and qualifications, including references to wetland characteristics in the New England region, be engaged in the practice of wetland science, and shall have one of the following qualifications:

(a) Be a graduate of an accredited college curriculum leading to a baccalaureate or an associate degree, where the applicant has successfully completed a minimum of 24 semester hours in any of the following environmental sciences: botany, soil science, hydrology, wetland science, biology, forestry, wildlife, ecology, water resources, plant science, agronomy, geology, or earth science, and have one or more years experience in the practice of wetland science.

(b) Have a minimum of 12 combined credit or non-credit semester hours in any of the environmental sciences under subparagraph (a), and have 3 or more years experience in the practice of wetland science.

II-b.(a) Experience in the practice of wetland science shall be of a quality and character that indicates to the board that the applicant is competent to practice as a wetland scientist. Experience shall be defined as one or more of the following:

(1) Teaching wetland science courses or performing research in wetland science at an accredited college, university, or institution offering an approved wetland science or wetland ecology curriculum.

(2) Actual field experience gained in an acceptable apprenticeship program.

(3) Actual field mapping experience, defined as the delineation of wetland boundaries and the preparation of wetland maps in accordance with standards for the identification of wetlands adopted by the department of environmental services or the United States Army Corps of Engineers or its successor.

(b) For the purposes of this paragraph, educational training shall not be considered as experience; summer employment shall be considered experience.

(c) For the purposes of this paragraph, each advanced degree in a related field may be counted as one year of experience, however, a minimum of one year of actual field experience shall be required for all candidates.

116:4 Excavation and Dredging; Permit Exemptions. Amend RSA 482-A:3, V(a) to read as follows:

(a) Persons who have complied with notice of intent to cut wood requirements under RSA 79:10, and who have filed an appropriate notice of intent with the department and the department of resources and economic development, shall have satisfied the permitting requirements of this section for minimum impact activities only as defined by rules adopted by the commissioner. Minimum impact notifications issued by the department shall be valid for 2 years.

116:5 New Paragraph; Rulemaking. Amend RSA 482-A:11 by inserting after paragraph VIII the following new paragraph:

IX. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the circumstances under which the commissioner may grant a waiver of rules adopted pursuant to this chapter. Such rules shall list the specific criteria to be used by the commissioner in determining whether a waiver will be granted.

116:6 Reference Change. Amend RSA 147-A:5-a, I to read as follows:

I. Any laboratory conducting tests for the presence of hazardous waste, other than water [analysis tests conducted pursuant to RSA 148-B:4] testing laboratories accredited under RSA 485:44, may apply for certification by the department.

116:7 Reference Changes. RSA 507-B:10, VI-X are repealed and reenacted to read as follows:

VI. RSA 485, relative to the safe drinking water act.

VII. RSA 485-A, relative to pollution and waste disposal.

VIII. RSA 149-M, relative to solid waste management.

116:8 Effective Date. This act shall take effect upon its passage.

(Approved: May 17, 2004)

(Effective Date: May 17, 2004)