New Hampshire Revised Statutes 21-O:5-a – Wetlands Council
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I. There is established a wetlands council for the purpose of implementing the provisions of law conferring on the department authority to decide matters relative to resources of the state, including, but not limited to, excavating, dredging, and filling waters of the state as well as activities occurring within the state’s regulated shoreland under RSA 483-B. Appointees and officials shall have voting rights as members of the wetlands council; provided, however, that nothing in this section shall be construed as affecting other duties of the department with reference to dams, water levels, and administration of the department of environmental services. The wetlands council shall be composed of the following:
(a) The executive director of the department of fish and game or designee.
(b) The commissioner of transportation or designee.
(c) The commissioner of natural and cultural resources or designee.
(d) The director of the office of planning and development or designee.
(e) The commissioner of the department of agriculture, markets, and food, or designee.
(f) Eight members of the public appointed by the governor and council for a term of 3 years or until a successor is chosen. One of these shall be a member of a municipal conservation commission at the time of appointment, and be one of 3 nominees submitted by the New Hampshire Association of Conservation Commissions; one shall be a supervisor, associate supervisor, former associate supervisor, or former supervisor, of a conservation district at the time of appointment, and be one of 3 nominees submitted by the New Hampshire Association of Conservation Districts; one shall be a municipal official other than a member of the conservation commission at the time of appointment, and be nominated by the New Hampshire Municipal Association; one shall be a natural resource scientist and be one of 3 nominees submitted by the New Hampshire Association of Natural Resource Scientists; one shall be a member of the construction industry and be one of 3 nominees submitted by the Associated General Contractors of New Hampshire; one shall be a member of the marine industry and be one of 3 nominees submitted by the New Hampshire Marine Trades Association; one shall have experience in environmental protection and resource management at the time of appointment and be one of 4 nominees submitted, 2 each, by the New Hampshire Audubon Society and the Society for the Protection of New Hampshire Forests; and one shall be a farm or forest landowner and be one of 2 nominees submitted, one each, by the New Hampshire Farm Bureau Federation and the New Hampshire Timberland Owners Association. One member of the council shall be elected annually as chairperson by the members of the council.
II. The 8 members appointed under subparagraph I(f) shall be entitled to expenses and $50 compensation per diem. The other members of the council shall receive no additional compensation for their service as members of the council, other than their regular salaries from their respective state departments, but shall receive mileage and other expenses paid at the rate set for state employees.
III. The wetlands council shall receive administrative support from the department.
IV. The council shall consult with and advise the commissioner of the department of environmental services, or his or her designee, on a continuing basis with respect to the policy, programs, goals, and operations of the department as they relate to wetlands and protected shorelands with particular emphasis on long-range planning for the department and on education of the public relative to the functions of the department. In order to accomplish these purposes, the council shall meet with the commissioner, or his or her designee not less frequently than quarterly, or at the call of the chairperson or 3 council members. The council shall file annually a report of its deliberations and recommendations with the commissioner of the department of environmental services and the governor and council.
V. A quorum of at least 3 members of the wetlands council shall hear all administrative appeals from department decisions made under N.H. Rev. Stat. Chapter 482-A relative to wetlands, or under N.H. Rev. Stat. Chapter 483-B relative to shoreland protection and shall decide all disputed issues of fact in such appeals, in accordance with N.H. Rev. Stat. § 21-O:14.
VI. The commissioner of the department of environmental services shall present all proposed rules relative to wetlands and protected shorelands to the wetlands council for consideration prior to filing a notice of proposed rule under N.H. Rev. Stat. § 541-A:6. The council shall present any objections to proposed rules to the commissioner in writing within 15 days. The commissioner may adopt a rule to which the council has objected only after presenting a written reply to the council detailing the reasons for adopting the rule over the objections of the council.
VII. The council shall adopt rules in accordance with the rulemaking provisions of N.H. Rev. Stat. Chapter 541-A to govern its proceedings. The council shall be subject to the requirements of N.H. Rev. Stat. § 541-A:36, notwithstanding N.H. Rev. Stat. § 21-O:14.
VIII. The council shall approve disbursements of the aquatic resource compensatory mitigation fund established under N.H. Rev. Stat. § 482-A:29.
(a) The executive director of the department of fish and game or designee.
Terms Used In New Hampshire Revised Statutes 21-O:5-a
- farm: means any land, buildings, or structures on or in which agriculture and farming operations or activities are carried out or conducted and shall include the residence or residences of owners, occupants, or employees located on such land. See New Hampshire Revised Statutes 21:34-a
- 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
- governor and council: shall mean the governor with the advice and consent of the council. See New Hampshire Revised Statutes 21:31-a
- Quorum: The number of legislators that must be present to do business.
- 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
(b) The commissioner of transportation or designee.
(c) The commissioner of natural and cultural resources or designee.
(d) The director of the office of planning and development or designee.
(e) The commissioner of the department of agriculture, markets, and food, or designee.
(f) Eight members of the public appointed by the governor and council for a term of 3 years or until a successor is chosen. One of these shall be a member of a municipal conservation commission at the time of appointment, and be one of 3 nominees submitted by the New Hampshire Association of Conservation Commissions; one shall be a supervisor, associate supervisor, former associate supervisor, or former supervisor, of a conservation district at the time of appointment, and be one of 3 nominees submitted by the New Hampshire Association of Conservation Districts; one shall be a municipal official other than a member of the conservation commission at the time of appointment, and be nominated by the New Hampshire Municipal Association; one shall be a natural resource scientist and be one of 3 nominees submitted by the New Hampshire Association of Natural Resource Scientists; one shall be a member of the construction industry and be one of 3 nominees submitted by the Associated General Contractors of New Hampshire; one shall be a member of the marine industry and be one of 3 nominees submitted by the New Hampshire Marine Trades Association; one shall have experience in environmental protection and resource management at the time of appointment and be one of 4 nominees submitted, 2 each, by the New Hampshire Audubon Society and the Society for the Protection of New Hampshire Forests; and one shall be a farm or forest landowner and be one of 2 nominees submitted, one each, by the New Hampshire Farm Bureau Federation and the New Hampshire Timberland Owners Association. One member of the council shall be elected annually as chairperson by the members of the council.
II. The 8 members appointed under subparagraph I(f) shall be entitled to expenses and $50 compensation per diem. The other members of the council shall receive no additional compensation for their service as members of the council, other than their regular salaries from their respective state departments, but shall receive mileage and other expenses paid at the rate set for state employees.
III. The wetlands council shall receive administrative support from the department.
IV. The council shall consult with and advise the commissioner of the department of environmental services, or his or her designee, on a continuing basis with respect to the policy, programs, goals, and operations of the department as they relate to wetlands and protected shorelands with particular emphasis on long-range planning for the department and on education of the public relative to the functions of the department. In order to accomplish these purposes, the council shall meet with the commissioner, or his or her designee not less frequently than quarterly, or at the call of the chairperson or 3 council members. The council shall file annually a report of its deliberations and recommendations with the commissioner of the department of environmental services and the governor and council.
V. A quorum of at least 3 members of the wetlands council shall hear all administrative appeals from department decisions made under N.H. Rev. Stat. Chapter 482-A relative to wetlands, or under N.H. Rev. Stat. Chapter 483-B relative to shoreland protection and shall decide all disputed issues of fact in such appeals, in accordance with N.H. Rev. Stat. § 21-O:14.
VI. The commissioner of the department of environmental services shall present all proposed rules relative to wetlands and protected shorelands to the wetlands council for consideration prior to filing a notice of proposed rule under N.H. Rev. Stat. § 541-A:6. The council shall present any objections to proposed rules to the commissioner in writing within 15 days. The commissioner may adopt a rule to which the council has objected only after presenting a written reply to the council detailing the reasons for adopting the rule over the objections of the council.
VII. The council shall adopt rules in accordance with the rulemaking provisions of N.H. Rev. Stat. Chapter 541-A to govern its proceedings. The council shall be subject to the requirements of N.H. Rev. Stat. § 541-A:36, notwithstanding N.H. Rev. Stat. § 21-O:14.
VIII. The council shall approve disbursements of the aquatic resource compensatory mitigation fund established under N.H. Rev. Stat. § 482-A:29.