Bill Text: NH HB233 | 2015 | Regular Session | Chaptered


Bill Title: Relative to local approval of mining activity.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2015-06-30 - Signed by the Governor on 6/26/2015; Chapter 162; Effective Date 8/25/2015 [HB233 Detail]

Download: New_Hampshire-2015-HB233-Chaptered.html

CHAPTER 162

HB 233 – FINAL VERSION

05/21/2015 1734s

2015 SESSION

15-0068

03/01

HOUSE BILL 233

AN ACT relative to local approval of mining activity.

SPONSORS: Rep. Hunt, Ches 11; Rep. Sterling, Ches 14; Sen. Sanborn, Dist 9

COMMITTEE: Municipal and County Government

ANALYSIS

This bill clarifies the scope of local approval requirements for mining activity. This bill also modifies requirements for pre-application meetings.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/21/2015 1734s

15-0068

03/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT relative to local approval of mining activity.

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

162:1 Duties of Commissioner. Amend RSA 12-E:2, I to read as follows:

I. Coordinate, schedule, and [coordinate] facilitate a pre-application meeting upon the receipt of a request from a potential permit applicant. The pre-application process shall be open to public input upon request of the applicant.

162:2 Mining Permit; Local Approval. Amend RSA 12-E:4, IV to read as follows:

IV. Nothing in this chapter shall affect any obligation of the applicant to obtain local approvals required under all applicable, lawful local ordinances not inconsistent with this chapter, whether before or after the issuance of a permit or when a permit is being amended. A local ordinance shall not be inconsistent with this chapter unless it attempts to impose a less stringent standard or requirement than those established in this chapter. The applicant shall comply with local zoning ordinances and shall be required to obtain site plan approval under RSA 674:43 if the municipality has given the planning board site plan review authority. This chapter shall not prohibit lawful local ordinances requiring approval of mining that is not subject to this chapter pursuant to RSA 12-E:1, IX(a).

162:3 Mining Permit; Application. Amend RSA 12-E:4, VI(h) to read as follows:

(h) Once obtained, a copy of all local, state, and federal permits and approvals required under applicable environmental, zoning, or public health laws for the proposed mining operations.

162:4 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 26, 2015

Effective Date: August 25, 2015

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