482-A:1 Finding of Public Purpose. – It is found to be for the public good and welfare of this state to protect and preserve its submerged lands under tidal and fresh waters and its wetlands, (both salt water and fresh-water), as herein defined, from despoliation and unregulated alteration, because such despoliation or unregulated alteration […]
482-A:10 Appeals. – I. Any person aggrieved by a decision made by the department under RSA 482-A:3 may appeal to the wetlands council and to the supreme court as provided in RSA 21-O:14, including the provisions relative to requesting mediated or unmediated settlement discussions. A person aggrieved under this section shall mean the applicant […]
482-A:10-a Damages. – I. If, upon appeal of the landowner, the superior court determines that the decision appealed from so exceeds the bounds of the police power as to constitute the equivalent of taking without compensation and that the land as so regulated meets the public purpose standards of this chapter, and if such […]
482-A:11 Administrative Provisions. – I. The commissioner shall adopt reasonable rules, pursuant to the rulemaking provisions of RSA 541-A, to implement the purposes of this chapter. II. Decisions of the department or council under this chapter shall be consistent with the purposes of this chapter as set forth in RSA 482-A:1. Before granting a […]
482-A:12 Posting of Permits, Display of Registration Numbers, and Reports of Violations. – Project approval by the department shall be in the form of a permit, a copy of which the applicant shall post in a secured manner in a prominent place at the site of the approved project. The department shall mail a […]
482-A:13 Administrative Fine. – The commissioner, after notice and hearing in accordance with the procedures set forth in RSA 541-A, is empowered to impose an administrative fine of up to $5,000 for each violation, irrespective of the duration of violation, upon any person who violates any provision of this chapter. This fine is appealable […]
482-A:14 Penalties. – I. Whoever recklessly or knowingly fails, neglects or refuses to comply with this chapter, rules adopted under this chapter, an order or condition of a permit issued under this chapter, or recklessly or knowingly misrepresents any material fact in connection with any activities regulated or prohibited by this chapter, whether or […]
482-A:14-a Cease and Desist Orders; Penalty. – The director of the division of forests and lands, department of natural and cultural resources, or his authorized agents, may issue a written cease and desist order against any timber operation in violation of this chapter. Any such violation may be enjoined by the superior court, upon […]
482-A:14-b Removal; Restoration; Equity Relief. – 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 […]
482-A:14-c Limitation on Enforcement Action. – No person who acquires property, by any means, more than 2 years after an activity constituting a violation of this chapter has been completed, shall be subject to an enforcement action under this chapter for such violation, provided such person allows restoration of impacted areas, unless the person […]
482-A:15 Local Option; Prime Wetlands. – I. (a) Any municipality, by its conservation commission, or, in the absence of a conservation commission, the planning board, or, in the absence of a planning board, the local governing body, may undertake to designate, map, and document prime wetlands lying within its boundaries, or if such areas […]
482-A:15-a Wetlands Program Annual Report. – The department shall report annually to the wetlands council on the wetlands program. The report shall include, but not be limited to, the status of the wetlands program including program performance, rules, and funding and the status of the Clean Water Act section 404 program in New Hampshire. […]
482-A:16 Artificial Fill; Exemptions. – No person shall place or cause to be placed any fill in any area below the mean high water level of any public waters or below the artificially-created high water level of publicly-owned bodies of water in this state with the intent or with the effect of creating or […]
482-A:17 Grant of Right. – The governor and council, upon petition and only upon the recommendation of the department, may, for just consideration, grant to an owner of shoreline on public waters the right to place fill in the bed of such pond before the owner’s shoreline. Every petition to place fill in the […]
482-A:18 Procedure for Removal of Fill. – If any person places fill in the bed of public waters or below the artificially-created high water level of public-owned water bodies except as provided in this subdivision, such person shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any […]
482-A:19 Fees. – Any payment received by the state as determined by the governor and council under the provisions of RSA 482-A:17 for the grant of the right to place fill in the bed of a great pond shall be paid over to the state treasurer and shall be available for general revenue of […]
482-A:2 Definitions. – In this chapter: I. "Commissioner" means the commissioner of environmental services. I-a. "Council" means the wetlands council established in RSA 21-O:5-a. I-b. "Department" means the department of environmental services. II. "Division" means the division of water resources, department of environmental services. II-a. "Local governing body" means "local governing body" as defined […]
482-A:20 Costs for Hearing. – The petitioner for a right to place fill in public waters shall make a deposit to the department of $50 with each such petition. This payment shall be for expenses of publication, mailing and posting of notices by the department and for the expenses of hiring a hearing site, […]
482-A:21 Excavating and Dredging. – I. No person shall excavate, remove, or dredge any bank, flat, marsh, swamp, or lake bed that lies below the natural mean high water level of any public waters of this state, except as provided in this subdivision. For the purposes of this subdivision, "public waters" are defined as […]
482-A:22 Grant of Right. – The governor and council, upon petition and upon the recommendation of the department, may, for just consideration, grant to an owner of a shoreline on public waters the right to excavate, remove, or dredge any bank, flat, marsh, swamp or lake bed before the owner’s shoreline. Every petition to […]
