New Hampshire SB 109: relative to alteration of terrain permits.

Bill Text

SB 109-FN - AS INTRODUCED

2025 SESSION

 25-1008

 07/08

SENATE BILL 109-FN

AN ACT relative to alteration of terrain permits.

SPONSORS: Sen. Lang, Dist 2; Sen. Gannon, Dist 23; Sen. Innis, Dist 7; Sen. Pearl, Dist 17; Rep. Moffett, Merr. 4; Rep. Spillane, Rock. 2

COMMITTEE: Energy and Natural Resources

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ANALYSIS

 This bill:

 I. Requires that an applicant for a permit, approval, or other written authorization submit a request for a consultation to the executive director of the fish and game department.

 II. Requires that rules adopted for the threatened and endangered species compensatory mitigation fund contain provisions stating when payments are required to be made to the fund.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 25-1008

 07/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Five

AN ACT relative to alteration of terrain permits.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Fish and Game; Endangered Species Conservation Act; Conservation Programs. Amend RSA 212-A:9, III to read as follows:

 III. All other state departments and agencies, to the extent possible, consistent with their authorities and responsibilities, shall assist and cooperate with the executive director in the furtherance of the purposes of this chapter for the conservation of endangered or threatened species. [They] The other departments or agencies shall take such action as such other department or agency determines is reasonable and prudent to insure that actions authorized, funded, or carried out by them do not appreciably jeopardize the continued existence of such species or result in the destruction or modification of habitat of such species which is determined by the executive director to be critical, by requiring that all such action is designed to avoid and minimize harm to such species and habitat designated as critical. For the purpose of this statute, "appreciably jeopardize the continued existence of such species" shall be defined in rules adopted by the executive director pursuant to RSA 541-A. The provisions of RSA 212-A or any rule promulgated under this chapter shall not be applicable to a state department or agency when that state department or agency, in the process of undertaking an action, is required by federal law or regulation to address the environmental impact on wildlife or wildlife habitat, of that action. The provisions of paragraph IV shall apply to any permit, approval, or other written authorization issued by any other state department or agency. 

 2 New Paragraph; Fish and Game; Endangered Species Conservation Act; Conservation Programs. Amend RSA 212-A:9 by inserting after paragraph III the following new paragraph:

 IV.(a) An applicant for a permit, approval, or other written authorization from any other state department or agency shall submit a request for a consultation to the executive director if required by that state department or agency. The request for consultation shall include proposed conservation measures and the relevant application that was or will be provided to the state agency, including any attachments to the application required by the state department or agency. 

 (b) Upon receipt of a request for consultation, the executive director shall: 

 (1) Within 10 days of receipt of the request for consultation, issue to the applicant a written notice to confirm receipt of the request. 

 (2) Within 60 days of sending the written notice of confirmation, or such longer time as may be agreed upon in writing by the applicant, the executive director shall either: 

 (A) Determine that issuance of the requested permit, approval, or other written authorization as requested by the applicant including the applicant’s proposed conservation measures satisfies the requirements of paragraph III; 

 (B) Provide the applicant and the other department or agency with additional conservation measures necessary to ensure that issuance of the requested permit, approval, or other written authorization satisfies the requirements of paragraph III; or 

 (C) Notify the applicant and the other state department or agency that issuance of the proposed permit, approval, or other written authorization will not satisfy the requirements of paragraph III, including specific findings to support the decision. 

 (c) The executive director may request any additional information needed during its 60-day review as long as the consultation process does not exceed the 60-day timeframe or a written extension agreement. 

 (d) If the execu