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Home » US Law » 2022 New Hampshire Revised Statutes » Title XII - Public Safety and Welfare » Title 155-E - Local Regulation Excavations

Section 155-E:1 – Definitions.

    155-E:1 Definitions. – In this chapter: I. "Earth" means sand, gravel, rock, soil or construction aggregate produced by quarrying, crushing or any other mining activity or such other naturally-occurring unconsolidated materials that normally mask the bedrock. II. "Excavation" means a land area which is used, or has been used, for the commercial taking of […]

Section 155-E:10 – Enforcement.

    155-E:10 Enforcement. – I. The regulator or its duly authorized agent may suspend or revoke the permit of any person who has violated any provision of his permit or this chapter or made a material misstatement in the application upon which his permit was granted. Such suspension or revocation shall be subject to a […]

Section 155-E:11 – Regulations.

    155-E:11 Regulations. – I. The regulator may adopt such regulations as may be reasonably necessary to carry out the provisions of this chapter, including adopting a permit fee schedule. Whenever such local regulations differ from the provisions of this chapter, the provision which imposes the greater restriction or higher standard shall be controlling, except […]

Section 155-E:2 – Permit Required.

    155-E:2 Permit Required. – No owner shall permit any excavation of earth on his premises without first obtaining a permit therefor, except as follows: I. Existing Excavations. The owner of an excavation which lawfully existed as of August 24, 1979, from which earth material of sufficient weight or volume to be commercially useful has […]

Section 155-E:2-a – Other Exceptions.

    155-E:2-a Other Exceptions. – I. No permit shall be required for the following types of excavations: (a) Excavation that is exclusively incidental to the construction or alteration of a building or structure or the construction or alteration of a parking lot or way including a driveway on a portion of the premises where the […]

Section 155-E:3 – Application for Permit.

    155-E:3 Application for Permit. – Any owner or owner’s designee subject to this chapter shall, prior to excavation of his land, apply to the regulator in each city or town involved for a permit for excavation. If the area subject to this chapter is situated in an unincorporated place application shall be made to […]

Section 155-E:4 – Prohibited Projects.

    155-E:4 Prohibited Projects. – The regulator shall not grant a permit: I. Where the excavation would violate the operational standards of RSA 155-E:4-a; II. For excavation within 50 feet of the boundary of a disapproving abutter or within 10 feet of the boundary of an approving abutter unless approval is requested by said abutter; […]

Section 155-E:4-a – Minimum and Express Operational Standards.

    155-E:4-a Minimum and Express Operational Standards. – It shall be a violation of this chapter for any person to excavate, or for any owner to permit excavation on his excavation site, when such excavation is subject to a permit under this chapter, without complying with the following minimum standards or when such excavation is […]

Section 155-E:5 – Minimum and Express Reclamation Standards.

    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 […]

Section 155-E:5-a – Incremental Reclamation.

    155-E:5-a Incremental Reclamation. – Except for excavation sites of operating stationary manufacturing plants, any excavated area of 5 contiguous acres or more, which is depleted of commercial earth materials, excluding bedrock, or any excavation from which earth materials of sufficient weight or volume to be commercially useful have not been removed for a 2-year […]

Section 155-E:5-b – Exceptions.

    155-E:5-b Exceptions. – The regulator, upon application and following a hearing held in accordance with RSA 155-E:7, may grant an exception in writing to the standards contained in RSA 155-E:4-a, 155-E:5 and 155-E:5-a for good cause shown. The written decision shall state specifically what standards, if any, are being relaxed, and include reasonable alternative […]

Section 155-E:6 – Application for Amendment.

    155-E:6 Application for Amendment. – When the scope of a project for which an excavation permit has been issued is proposed to be altered so as to affect either the size or location of the excavation, the rate of removal or the plan for reclamation, the owner shall submit an application for amendment of […]

Section 155-E:7 – Hearing.

    155-E:7 Hearing. – Prior to the regulator approving an application for an excavation permit or an application for an amended excavation permit, a public hearing shall be held within 30 days on such application. A notice of said hearing shall be sent to all abutters and shall specify the grounds for the hearing as […]

Section 155-E:8 – Issuance of Permit.

    155-E:8 Issuance of Permit. – If the regulator after the public hearing approves the application for a permit and determines it is not prohibited by RSA 155-E:4 it shall, upon receipt of an excavation fee determined by the regulator not to exceed $50 and the posting of a bond or other such surety with […]

Section 155-E:9 – Appeal.

    155-E:9 Appeal. – If the regulator disapproves or approves an application for an excavation permit or an application for an amended permit, any interested person affected by such decision may appeal to the regulator for a rehearing on such decision or any matter determined thereby. The motion for rehearing shall fully specify every ground […]