HB1402: relative to ordinances regarding forestry activities.

CHAPTER 179

HB 1402 - FINAL VERSION

2018 SESSION

18-2287

06/10

HOUSE BILL 1402

AN ACT relative to ordinances regarding forestry activities.

SPONSORS: Rep. Chandler, Carr. 1; Rep. Pearl, Merr. 26; Rep. Leishman, Hills. 24; Rep. Richardson, Coos 4; Rep. Theberge, Coos 3; Sen. Giuda, Dist 2; Sen. Ward, Dist 8; Sen. French, Dist 7; Sen. Avard, Dist 12; Sen. Bradley, Dist 3

COMMITTEE: Municipal and County Government

ANALYSIS

This bill requires municipalities to minimize any adverse effects to forestry activities when adopting ordinances.

This bill also prohibits municipalities from adopting ordinances that deal solely with forestry which adversely affect forestry activities.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2287

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eighteen

AN ACT relative to ordinances regarding forestry activities.

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

179:1 New Section; Powers of City Councils; Bylaws and Ordinances; Forestry Activities. Amend RSA 47 by inserting after section 17 the following new section:

47:17-a Ordinances Affecting Forestry Activities.

I. In this section, "forestry activities" means developing, caring for, or cultivating forests; timber harvesting; silviculture; and customary management and supporting activities.

II. Before enacting any ordinance, bylaw, rule, or other regulatory provision that is likely to affect forestry activities, a municipality shall consider the possible adverse effects on forestry activities and take any steps that are reasonably available to minimize such effects.

III. No municipality shall enact any ordinance, bylaw, rule, or other regulatory provision that applies only to forestry activities which adversely affects such activities. Nothing in this paragraph shall limit a municipality's authority to regulate forestry activities under duly adopted land use ordinances and regulations, subject to the protections of RSA 672:1, III-c, RSA 674:1, VI, and RSA 674:32-a through 674:32-d.

179:2 New Section; Powers and Duties of Towns; Power to Make Bylaws; Forestry Activities. Amend RSA 31 by inserting after section 39-d the following new section:

31:39-e Bylaws Affecting Forestry Activities.

I. In this section, "forestry activities" means developing, caring for, or cultivating forests; timber harvesting; silviculture; and customary management and supporting activities.

II. Before enacting any ordinance, bylaw, rule, or other regulatory provision that is likely to affect forestry activities, a municipality shall consider the possible adverse effects on forestry activities and take any steps that are reasonably available to minimize such effects.

III. No municipality shall enact any ordinance, bylaw, rule, or other regulatory provision that applies only to forestry activities which adversely affects such activities. Nothing in this paragraph shall limit a municipality's authority to regulate forestry activities under duly adopted land use ordinances and regulations, subject to the protections of RSA 672:1, III-c, RSA 674:1, VI, and RSA 674:32-a through 674:32-d.

179:3 Effective Date. This act shall take effect upon its passage.

Approved: June 08, 2018

Effective Date: June 08, 2018