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RSA 155-E:5 · Minimum and Express Reclamation Standards

Title
XII: PUBLIC SAFETY AND WELFARE
Chapter
155-E · LOCAL REGULATION EXCAVATIONS
Status
current
Official source linked
Yes
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155-E:5 Minimum and Express Reclamation Standards. – Within 12 months after the expiration date in a permit issued under this chapter, or of the completion of any excavation, whichever occurs first, the owner of the excavated land shall have completed the reclamation of the areas affected by the excavation to meet each of the following minimum standards or when such excavation is not subject to a permit under this chapter pursuant to RSA 155-E:2, to meet each of the following express standards:

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I.

Except for exposed rock ledge, all areas which have been affected by the excavation or otherwise stripped of vegetation shall be spread with topsoil or strippings, if any, but in any case covered by soil capable of sustaining vegetation, and shall be planted with seedlings or grass suitable to prevent erosion. Areas visible from a public way, from which trees have been removed, shall be replanted with tree seedlings, set out in accordance with acceptable horticultural practices.

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II.

Earth and vegetative debris resulting from the excavation shall be removed or otherwise lawfully disposed of.

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III.

All slopes, except for exposed ledge, shall be graded to natural repose for the type of soil of which they are composed so as to control erosion or at a ratio of horizontal to vertical proposed by the owner and approved by the regulator. Changes of slope shall not be abrupt, but shall blend with the surrounding terrain.

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IV.

The elimination of any standing bodies of water created in the excavation project as may constitute a hazard to health and safety.

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V.

The topography of the land shall be left so that water draining from the site leaves the property at the original, natural drainage points and in the natural proportions of flow. For excavation projects which require a permit from the department of environmental services pursuant to RSA 485-A:17, the provisions of that statute, and rules adopted under it, shall supersede this paragraph as to areas of excavation sites covered thereby. The excavator shall file a copy of permits issued under RSA 485-A:17 with the regulator. Source. 1979, 481:2. 1989, 363:10. 1991, 310:18-20. 1996, 228:108, eff. July 1, 1996.

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Source note

Source. 1979, 481:2. 1989, 363:10. 1991, 310:18-20. 1996, 228:108, eff. July 1, 1996.

Source history

  • 1979, 481:2
  • 1989, 363:10
  • 1991, 310:18-20
  • 1996, 228:108, eff. July 1, 1996

Related materials

Bill relationships

  • 2026 HB1029 reference

    activities performed with mechanized equipment that are intended to cut vegetation, including lawn edging, aeration, and de-thatching, excavations permitted or grandfathered under RSA 155-E, or replacement of department-of-transportation-installed delineator posts in the same location. 2 Effective Date. This act shall take effect 60 days after its passage. LBA 26-2465 Revised 12/5/25 HB 1029-FN-

  • 2026 HB1029-FN reference

    activities performed with mechanized equipment that are intended to cut vegetation, including lawn edging, aeration, and de-thatching, excavations permitted or grandfathered under RSA 155-E, or replacement of department-of-transportation-installed delineator posts in the same location. 2 Effective Date. This act shall take effect 60 days after its passage. LBA 26-2465 Revised 12/5/25 HB 1029-FN-

  • 2026 HB1141 amend

    to this chapter: I. Mining activities in existence before August 24, 1979. II. The crushing of rock for the purpose of producing construction aggregate regulated pursuant to RSA 155-E. 4 New Paragraphs; Definitions; Reclamation; Rock; Septage. Amend RSA 485-A:2 by inserting after paragraph IX-a the following new paragraphs: IX-b. “Reclamation” means the restoration of the affected site by gr

  • 2026 HB1141-FN amend

    to this chapter: I. Mining activities in existence before August 24, 1979. II. The crushing of rock for the purpose of producing construction aggregate regulated pursuant to RSA 155-E. 4 New Paragraphs; Definitions; Reclamation; Rock; Septage. Amend RSA 485-A:2 by inserting after paragraph IX-a the following new paragraphs: IX-b. “Reclamation” means the restoration of the affected site by gr

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