HB857: relative to permitting responsibilities under the comprehensive shoreland protection act.

HB 857-FN-LOCAL – AS AMENDED BY THE HOUSE

27Mar2007… 0836h

2007 SESSION

07-0538

06/01

HOUSE BILL 857-FN-LOCAL

AN ACT relative to permitting responsibilities under the comprehensive shoreland protection act.

SPONSORS: Rep. Spang, Straf 7; Rep. Powers, Rock 16; Sen. Fuller Clark, Dist 24

COMMITTEE: Resources, Recreation and Development

ANALYSIS

This bill:

I. Clarifies permitting responsibilities under the comprehensive shoreland protection act.

II. Grants the department of environmental services sole authority to issue waivers and variances.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

27Mar2007… 0836h

07-0538

06/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to permitting responsibilities under the comprehensive shoreland protection act.

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

1 Definitions. Amend RSA 483-B:4, XI-a to read as follows:

XI-a. “Nonconforming lot of record” means an existing lot which does not conform to the provisions of this chapter.

XI-b. “Nonconforming Structure” means a structure that does not conform to the provisions of this chapter.

XI-c. Ordinary high water mark” means the line on the shore, running parallel to the main stem of the river, established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the immediate bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. Where the ordinary high water mark is not easily discernable, the ordinary high water mark may be determined by the department of environmental services.

2 Prior Approval; Permits. Amend RSA 483-B:6 to read as follows:

483-B:6 Prior Approval; Permits.

I. Within the protected shoreland, any person intending to:

(a) Engage in any earth excavation activity shall obtain all necessary local approvals in compliance with RSA 155-E.

(b) Construct a water-dependent structure, alter the bank, or construct or replenish a beach shall obtain approval and all necessary permits pursuant to RSA 482-A.

(c) Install a septic system as described in RSA 483-B:9, V(b)(1)-(3) shall obtain all permits pursuant to RSA 485-A:29.

(d) Conduct an activity resulting in a contiguous disturbed area exceeding 50,000 square feet shall obtain a permit pursuant to RSA 485-A:17.

(e) Subdivide land as described in RSA 483-B:9, V(d) and (e) shall obtain approval pursuant to RSA 485-A:29.

(f) Conduct an activity regulated under a local zoning ordinance shall obtain all necessary local approvals.

I-a. In addition to paragraph I, no person shall commence any of the following activities within the protected shoreland without prior written approval from the department:

(a) Construction of any structure on a nonconforming lot of record under RSA 483 B:10.

(b) Redevelopment of any site that contains nonconforming structures or any expansions of existing nonconforming structures under RSA 483 B:11, II

(c) Commencement of any construction that would require a variance under RSA 483-B:9, V(g).

II. In applying for these approvals and permits, such persons shall demonstrate to the satisfaction of the department or municipality that the proposal meets or exceeds the development standards of this chapter. The department shall develop minimum standards for information to be required on or with all applications under paragraph I. The department or municipality shall grant, deny, or attach reasonable conditions to [a permit] approvals issued under paragraph I-a or a permit listed in subparagraphs I(a)-[(e)] (f), to protect the public waters or the public health, safety or welfare. Such conditions shall be related to the purposes of this chapter.

III. The department shall have the sole authority to issue variances and waivers of the provisions of this chapter as specifically authorized by this chapter.

IV. No variance, permit, or approval issued by a municipality shall exempt the owner from obtaining any other necessary permit or approval from the department as required by this chapter.

3 Nonconforming Structures. Amend RSA 483-B:11 to read as follows:

483-B:11 Nonconforming Structures.

I. Except as otherwise prohibited by law, nonconforming structures[, erected prior to July 1, 1994,] located within the protected shoreland may be repaired, renovated, or replaced in kind using modern technologies, provided the result is a functionally equivalent use. Such repair or replacement may alter the interior design or existing foundation, but shall result in no expansion of the existing footprint or outside dimensions [shall be permitted] except as authorized by the department pursuant to paragraph II. An expansion that increases the sewerage load to an on-site septic system, or changes or expands the use of a septic system or converts a structure to condominiums or any other project identified under RSA 485-A:29-44 and rules adopted to implement it shall require approval by the department. Between the primary building line and the reference line, no alteration shall extend the structure closer to the public water, except that the addition of a deck or open porch is permitted up to a maximum of 12 feet towards the reference line for nonconforming structures erected prior to July 1, 1994.

II. When reviewing requests for the redevelopment of sites that contain nonconforming structures [erected prior to July 1, 1994,] or any expansions of nonconforming structures, the commissioner shall review proposals which are more nearly conforming than the existing structures, and may waive some of the standards specified in RSA 483-B:9, so long as there is at least the same degree of protection provided to the public waters. For the purposes of this section, a proposal that is ""more nearly conforming'' means a proposal for significant changes to the location or size of existing structures that bring the structures into greater conformity, or a proposal for changes to other aspects of the property, including but not limited to stormwater management, wastewater treatment or traffic volume or flow, or both types of proposal which significantly improve wildlife habitat or resource protection.

4 Effective Date. This act shall take effect April 1, 2008.

LBAO

07-0538

Amended 04/05/07

HB 857 FISCAL NOTE

AN ACT relative to permitting responsibilities under the comprehensive shoreland protection act.

FISCAL IMPACT:

The Department of Environmental Services has determined this bill, as amended by the House (Amendment #2007-0836h), has no fiscal impact on state, county and local revenues or expenditures.

METHODOLOGY:

The Department states this bill, as amended, clarifies existing permitting and enforcement responsibilities of both the municipalities and the state. This bill as amended does not increase the jurisdictional area under the comprehensive shoreline protection act nor add or modify any permitting requirement and therefore there will be no fiscal impact on revenues or expenditures at any level of government.