New Hampshire Revised Statutes 147-F:15 – Restrictions on Future Property Use
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I. The department shall require the imposition of controls on the use of the property as necessary to protect human health and the environment during and after implementation of the remedial action plan.
II. The department may require the imposition or maintenance of some or all of the following controls or use restrictions without limiting state authority to implement other appropriate controls:
(a) Use limitations required by risk-based exposure criteria used in developing the remedial action plan.
(b) Prohibitions against physical changes to the property.
(c) Obligations to install and/or maintain protective barriers that control remaining sources of contamination.
(d) Necessary restrictions on groundwater use and requirements for the provision of alternative water supplies.
III. The department shall include all use restrictions imposed on the property in the notice of approved remedial action plan in accordance with N.H. Rev. Stat. § 147-F:12, V(a).
IV. The department may remove or modify use restrictions independently of the property owner by filing a release or modification of the restrictions in chain of title for the property. Any modification under this paragraph which would result in an increased restriction on the use of the property shall be based on a determination by the department that such a modification is necessary to protect human health or the environment. Before removing or modifying such use restrictions, the department shall consult with the department of health and human services and, at least 30 days prior to the filing of a release or modification of restriction, the department shall notify the owner and each mortgagee of record at their last known address by certified mail, return receipt requested, of the impending release or modification of the restrictions. For the purposes of this paragraph, any mortgagee whose mortgage was recorded in the office of the register of deeds at least 30 days prior to the mailing of the notice shall be entitled to notice. The department shall comply with the public participation requirements of N.H. Rev. Stat. § 147-F:12, I. The property owner, the program participant if other than the owner, and any mortgagee entitled to notice who is aggrieved by a decision to remove or modify a use restriction may appeal such decision to the commissioner of the department, whose decision shall be final.
II. The department may require the imposition or maintenance of some or all of the following controls or use restrictions without limiting state authority to implement other appropriate controls:
Terms Used In New Hampshire Revised Statutes 147-F:15
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Contamination: means hazardous waste, hazardous materials (without regard to whether transported in commerce), or oil, as defined in N. See New Hampshire Revised Statutes 147-F:3
- Department: means department of environmental services. See New Hampshire Revised Statutes 147-F:3
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Program: means the brownfields program established by this chapter. See New Hampshire Revised Statutes 147-F:3
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(a) Use limitations required by risk-based exposure criteria used in developing the remedial action plan.
(b) Prohibitions against physical changes to the property.
(c) Obligations to install and/or maintain protective barriers that control remaining sources of contamination.
(d) Necessary restrictions on groundwater use and requirements for the provision of alternative water supplies.
III. The department shall include all use restrictions imposed on the property in the notice of approved remedial action plan in accordance with N.H. Rev. Stat. § 147-F:12, V(a).
IV. The department may remove or modify use restrictions independently of the property owner by filing a release or modification of the restrictions in chain of title for the property. Any modification under this paragraph which would result in an increased restriction on the use of the property shall be based on a determination by the department that such a modification is necessary to protect human health or the environment. Before removing or modifying such use restrictions, the department shall consult with the department of health and human services and, at least 30 days prior to the filing of a release or modification of restriction, the department shall notify the owner and each mortgagee of record at their last known address by certified mail, return receipt requested, of the impending release or modification of the restrictions. For the purposes of this paragraph, any mortgagee whose mortgage was recorded in the office of the register of deeds at least 30 days prior to the mailing of the notice shall be entitled to notice. The department shall comply with the public participation requirements of N.H. Rev. Stat. § 147-F:12, I. The property owner, the program participant if other than the owner, and any mortgagee entitled to notice who is aggrieved by a decision to remove or modify a use restriction may appeal such decision to the commissioner of the department, whose decision shall be final.