HB433: relative to planning for public access, recreation, and road management in the Connecticut Lakes headwaters working forest and making an appropriation therefor.

HB 433-FN-A – AS AMENDED BY THE SENATE

13Apr2005… 0992h

06/09/05 1775s

2005 SESSION

05-0407

06/03

HOUSE BILL 433-FN-A

AN ACT relative to planning for public access, recreation, and road management in the Connecticut Lakes headwaters working forest and making an appropriation therefor and relative to the location of certain boat docks.

SPONSORS: Rep. King, Coos 1; Rep. Stohl, Coos 1; Sen. Gallus, Dist 1

COMMITTEE: Resources, Recreation and Development

AMENDED ANALYSIS

This bill appropriates $1 for 2 plans, one for public access and recreational use and the other for road management in the Connecticut Lakes headwaters working forest.

This bill also authorizes the commissioner of environmental services to allow the location of a boat dock within 20 feet of a property line without an abutter’s consent if the commissioner finds good cause.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13Apr2005… 0992h

06/09/05 1775s

05-0407

06/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to planning for public access, recreation, and road management in the Connecticut Lakes headwaters working forest and making an appropriation therefor and relative to the location of certain boat docks.

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

1 Connecticut Lakes Headwaters Tract Working Forest; Planning. The division of parks and recreation in the department of resources and economic development shall enter into a contract for 2 plans for the Connecticut Lakes headwaters working forest. One plan shall be for public access and recreational use management and the other plan shall be for road management.

2 Appropriation. The sum of $1 for the fiscal year ending June 30, 2006 is hereby appropriated to the division of parks and recreation, department of resources and economic development for the purposes set forth in this act. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

3 Excavating and Dredging Permit; Certain Exemptions; Docks. Amend RSA 482-A:3, XIII(c) to read as follows:

(c) Notwithstanding the provisions of subparagraph (a), boat docking facilities may be located closer than 20 feet from an abutter's property line in both tidal and non-tidal waters [and 20 feet in tidal waters], if the owner of the boat docking facility obtains the written consent of the abutting property owner. Such consent shall be signed by all parties, notarized and filed with the dock application with the department of environmental services. Upon request of the property owner seeking the boat docking facility, the commissioner may waive the requirement of the abutter’s written consent after a finding of good cause. The request for waiver shall be made in writing to the commissioner and state the specific basis upon which the waiver is requested. The commissioner shall not waive the requirement of the abutter’s written consent with respect to property developed for condominium ownership pursuant to RSA 356-B.

4 Effective Date. This act shall take effect July 1, 2005.

LBAO

05-0407

Amended 6/14/05

HB 433 FISCAL NOTE

AN ACT relative to planning for public access, recreation, and road management in the Connecticut Lake headwaters working forest and making and appropriation therefore and relative to the location of certain boat docks.

FISCAL IMPACT:

The Department of Resources and Economic Development states this bill, as amended by the Senate (Senate Amendment #2005-1775s), will increase state expenditures by $154,765 in FY 2006. There will be no fiscal impact on state, county, and local revenue or county and local expenditures.

This bill appropriates $1 in general funds in FY 2006 to the Department of Resources and Economic Development for the purposes of this act.

METHODOLOGY:

The Department states that its estimate was derived from a not-to-exceed bid response to a request for proposal solicited by the Division of Parks and Recreation in August 2003.