HB1223: relative to exemptions from local ordinances for excavation sites.

HB 1223-FN-LOCAL – AS INTRODUCED

2008 SESSION

08-2326

08/03

HOUSE BILL 1223-FN-LOCAL

AN ACT relative to exemptions from local ordinances for excavation sites.

SPONSORS: Rep. Leishman, Hills 6; Rep. Emerton, Hills 7

COMMITTEE: Municipal and County Government

ANALYSIS

This bill exempts land acquired after August 24, 1979 and contiguous with a current exempt excavation site from local zoning ordinances.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

08-2326

08/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to exemptions from local ordinances for excavation sites.

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

1 Contiguous Excavation; Exemption. Amend RSA 155-E:2, I(a) to read as follows:

(a)(1) Such an excavation site shall be exempt from the provisions of local zoning or similar ordinances regulating the location of the excavation site, provided that at the time the excavation was first begun, it was in compliance with such local ordinances and regulations, if any, as were then in effect.

(2) The owner of such an excavation site may expand excavation onto land acquired after August 24, 1979 and contiguous with such an excavation site. Such expanded excavation shall be exempt from local zoning ordinances or similar ordinances to the same extent as excavation sites are exempt under RSA 155-E:2, I(a)(1).

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

LBAO

08-2326

11/05/07

HB 1223-FN-LOCAL - FISCAL NOTE

AN ACT relative to exemptions from local ordinances for excavation sites.

FISCAL IMPACT:

The New Hampshire Municipal Association states the fiscal impact of this bill on local revenue and expenditures is indeterminable in FY 2008 and each year thereafter. There is no fiscal impact on state and county revenue and expenditures.

METHODOLOGY:

The New Hampshire Municipal Association indicates this bill exempts land acquired after August 24, 1979 and contiguous with a current exempt excavation site from local zoning ordinances. The Association states it is not able to determine the number of excavation owners who would take advantage of this exemption or the fiscal impact on local revenue or expenditures.