RSA 489:3 · Authorization

489:3 Authorization. –

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I.

There is hereby established an integrated land development permit, for which application may be made as an alternative to applying for separate, individual permits or approvals under the affected programs.

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II.

Municipalities may review materials, engage in discussions with the department, conduct independent site visits with the consent of the property owner and the applicant, if other than the property owner, and provide written comment to the department during any or all phases of the integrated land development permit process. Municipalities may attend site visits, attend meetings or participate in discussions between the applicant and the department in accordance with the following:

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(a)

Municipalities may participate in meetings or other discussions between the department and the applicant during the conceptual and pre-application phases of the integrated land development permit process under RSA 489:5 and RSA 489:6 with the consent of the applicant.

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(b)

Municipalities may participate in site visits conducted by state or federal regulatory agencies during the conceptual and pre-application phases of the integrated land development permit process under RSA 489:5 and RSA 489:6 with the consent of the property owner and the applicant, if other than the property owner.

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(c)

If the department concludes that it would promote the efficient and timely consideration of a final application under RSA 489:7, the department may invite the municipality in which the subject property is located to participate in meetings or other discussions between the department and the applicant or attend site visits conducted by state or federal regulatory agencies.

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(d)

To the extent practicable, site visits by municipalities for the purposes of commenting on a permit application or permit issued under this chapter shall be coordinated with entry upon the property by state or federal regulatory agencies under RSA 489:3, VI.

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III.

If administrative requirements or procedures contained in this chapter, or adopted by rule to execute this chapter, conflict with administrative requirements or procedures of any other statute or rule implemented by the department, the provisions under this chapter shall apply.

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IV.

The time limits prescribed in this chapter, or adopted by rule to execute this chapter, shall supersede any time limits provided in any other applicable provision of law.

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V.

Electronic communications and electronic document management may be employed to facilitate correspondence, application, notification, and coordination under this chapter.

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VI.

Submission of materials for the pre-application technical review under RSA 489:6, II or for final application under RSA 489:7 shall constitute express authorization by the property owner and the applicant, if other than the property owner, for the department and other participating regulatory agencies, through their respective agents or employees, to enter upon the subject property for purposes of evaluating site conditions and the application made under this chapter at reasonable times and with reasonable notice except under exigent circumstances. Source. 2013, 270:1, eff. July 1, 2017.

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