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RSA 482-A:14-b · Removal; Restoration; Equity Relief

Title
L: WATER MANAGEMENT AND PROTECTION
Chapter
482-A · FILL AND DREDGE IN WETLANDS
Status
current
Official source linked
Yes
Official source Copy section link

482-A:14-b Removal; Restoration; Equity Relief. –

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I.

Whoever fails, neglects or refuses to comply with this chapter or rules adopted under this chapter, or an order or condition of a permit issued under this chapter, or misrepresents any material fact made in connection with any activity regulated or prohibited by this chapter, whether or not the owner of the land in question, shall be liable for the removal of fill, spoil or structure placed pursuant to such a violation and the restoration of any wetlands disturbed in connection with the violation. The superior court shall have jurisdiction to order such relief and such additional relief in equity as may be appropriate.

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II.

Municipalities may apply to a justice of the superior court for injunctive relief against existing or impending violations of this chapter, or any rule or order issued under this chapter. The municipality shall give notice of any such action to the attorney general and the commissioner of environmental services, who may take such steps as they deem necessary to ensure uniform statewide enforcement, including but not limited to joining the action, assuming sole prosecution of the action, or, as of right, dismissing the action without prejudice. Such notice shall be given at least 30 days prior to the commencement of any such action, unless more immediate action is necessary to prevent irreparable environmental damage or other serious public harm, in which case such notice shall be given as soon as practicable, but in no event later than the date of commencement of the action. This paragraph shall not be construed to affect, in any manner, existing authority of municipalities to act based upon the provisions of other statutes or local ordinances.

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III.

A landowner shall not be liable for violations of this chapter caused by persons operating OHRVs, as defined in RSA 215-A:1, V, or snowmobiles, as defined in RSA 215-C:1, in a location or in a manner not authorized by the landowner. Source. 1989, 225:7. 1991, 340:2. 2004, 122:1. 2005, 210:62, eff. July 1, 2006.

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Source note

Source. 1989, 225:7. 1991, 340:2. 2004, 122:1. 2005, 210:62, eff. July 1, 2006.

Source history

  • 1989, 225:7
  • 1991, 340:2
  • 2004, 122:1
  • 2005, 210:62, eff. July 1, 2006

Related materials

Bill relationships

  • 2026 HB1141 reference

    d the purposes of this chapter. Nothing contained in this paragraph shall be construed to modify or limit the duties and authority conferred upon the department under RSA 482 and RSA 482-A. II.(a) The department shall charge a fee for applications, including project inspections, required under this section. For projects that qualify for a permit by notification allowed by paragraph II-a, the applicat

  • 2026 HB1141-FN reference

    d the purposes of this chapter. Nothing contained in this paragraph shall be construed to modify or limit the duties and authority conferred upon the department under RSA 482 and RSA 482-A. II.(a) The department shall charge a fee for applications, including project inspections, required under this section. For projects that qualify for a permit by notification allowed by paragraph II-a, the applicat

  • 2026 HB1530 reference

    gent shall be responsible for maintaining the flow device. Complete or partial dam removal or the installation or removal of a flow device shall be allowed without a permit under RSA 482-A if machinery does not enter the water and filling or dredging in or adjacent to surface water, wetlands, or their banks does not occur and shall be done in a gradual manner that does not allow a sudden release of impoun

  • 2026 HB1530-FN reference

    gent shall be responsible for maintaining the flow device. Complete or partial dam removal or the installation or removal of a flow device shall be allowed without a permit under RSA 482-A if machinery does not enter the water and filling or dredging in or adjacent to surface water, wetlands, or their banks does not occur and shall be done in a gradual manner that does not allow a sudden release of impoun

  • 2026 HB1752 reference · effective 2027-01-01

    r harvesting or associated road or gravel pit construction in wetlands, shoreland protection zones, or other environmentally sensitive areas shall require additional permits under RSA 482-A and RSA 483-B. II. The division of forests and lands shall coordinate with the department of environmental services to ensure compliance. 227-J:21 In-Stream Wood Placement. I. Projects to place wood in streams for ha

  • 2026 HB1752-FN reference · effective 2027-01-01

    r harvesting or associated road or gravel pit construction in wetlands, shoreland protection zones, or other environmentally sensitive areas shall require additional permits under RSA 482-A and RSA 483-B. II. The division of forests and lands shall coordinate with the department of environmental services to ensure compliance. 227-J:21 In-Stream Wood Placement. I. Projects to place wood in streams for ha

  • 2026 SB527 reference

    of the application for issuance of a permit, certificate, or license within the designated river or corridor under RSA 485-C, RSA 485-A, RSA 483-B, RSA 12-E, RSA 270:12, RSA 482, RSA 482-A is provided, except notifications for minimum impact activities under RSA 482-A:3, V and XII and for routine roadway maintenance under RSA 482-A:3, XVI on land used for agricultural purposes, RSA 149-M, RSA 430, or RSA

  • 2026 SB564 reference · effective 2027-07-01

    ge, rendering duplicative or more restrictive municipal caps on road length unnecessary and duplicative. IV. Environmental protections for wetlands and protected shoreland under RSA 482-A and RSA 483-B remain vital and are not altered by this act. Allowing utilities in other open space or buffer areas promotes compact development and reduces sprawl, preserving larger tracts of conservation land. V. Th

  • 2025 HB2 add

    opt rules to establish a permit by notification for projects with plans encompassing an area less than 150,000 square feet that are not subject to RSA 483-B:9. 141:14 New Section; Boathouse Requirements. Amend RSA 482-A by inserting after section 26 the following new section: 482-A:26-a Boathouse Requirements. I. Any boathouse constructed after July 1, 2025, and located over public waters shall not exceed a structural height

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