New Hampshire Revised Statutes 482-A:22-a – Grant in Right for Submerged Logs; Exemption
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I. The governor and council, upon petition and upon the recommendation of the department, may grant to the governing body of a municipality the right to remove submerged logs from the portion of the bed of any great pond that is located within the municipality’s boundaries as delineated in the NH Granit database, Complex Systems Research Center, University of New Hampshire.
II. Every petition to remove such submerged logs shall be filed by the governing body of the municipality with the department as an application under N.H. Rev. Stat. § 482-A:3, I, and shall demonstrate that:
(a) Removing the submerged logs will have minimal or no adverse environmental impact, based on considerations including whether the logs were treated with hazardous or toxic chemicals and whether the logs are providing important aquatic habitat as determined by the department of fish and game; or
(b) The submerged logs to be removed are interfering with navigation or otherwise adversely affecting public safety or the environment.
III. The application filed pursuant to paragraph II shall:
(a) Identify the manner in which the logs will be removed, the measures to be taken to minimize any adverse environmental impact, and the formula by which the net proceeds of the use or sale of the removed logs will be determined; and
(b) Include the results of such testing as the department may require to determine the environmental impact of the logs in place and of removing the logs.
IV. A municipality that receives a permit under this section may enter into a commercially reasonable private contract to undertake the log removal after publicly requesting bids for such work.
V. The net proceeds of any use or sale of the removed logs shall accrue directly to the benefit of the municipality.
VI. The municipality shall hold a public hearing on the application in conjunction with the department. The municipality shall send direct notice of the application and the public hearing to the department of fish and game and to each person owning land within 150 feet of the area from which the logs will be removed. The municipality also shall post notice of the hearing in 2 public places in the municipality, one of which may be the municipality’s website, and shall publish notice of the hearing twice in 2 different weeks, the last publication to be 7 days before the hearing, in one newspaper of general circulation throughout the state and another newspaper of general circulation in the municipality. The department shall post notice of the hearing and of the deadline for submission of written comments on the department’s website, which deadline shall be not less than 10 days following the public hearing.
VII. After appropriate consideration of the application and any comments received, the department shall make its recommendations to the governor and council with regard to such petition. If the department recommends that the petition be granted, in whole or in part, such recommendation shall include appropriate specifications and conditions necessary to protect public rights and the rights and privileges of persons owning land within 150 feet of the area from which the logs will be removed, which shall include requirements for testing the submerged logs prior to and during removal to determine proper handling and disposal.
VIII. Notwithstanding the provisions of this section, if a submerged log presents a safety hazard, the state police may remove the submerged log or logs.
II. Every petition to remove such submerged logs shall be filed by the governing body of the municipality with the department as an application under N.H. Rev. Stat. § 482-A:3, I, and shall demonstrate that:
Terms Used In New Hampshire Revised Statutes 482-A:22-a
- Contract: A legal written agreement that becomes binding when signed.
- 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
- governing body: shall mean the board of selectmen in a town, the board of aldermen or council in a city or town with a town council, the school board in a school district or the village district commissioners in a village district, or when used to refer to unincorporated towns or unorganized places, or both, the county commissioners. See New Hampshire Revised Statutes 21:48
- governor and council: shall mean the governor with the advice and consent of the council. See New Hampshire Revised Statutes 21:31-a
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- 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) Removing the submerged logs will have minimal or no adverse environmental impact, based on considerations including whether the logs were treated with hazardous or toxic chemicals and whether the logs are providing important aquatic habitat as determined by the department of fish and game; or
(b) The submerged logs to be removed are interfering with navigation or otherwise adversely affecting public safety or the environment.
III. The application filed pursuant to paragraph II shall:
(a) Identify the manner in which the logs will be removed, the measures to be taken to minimize any adverse environmental impact, and the formula by which the net proceeds of the use or sale of the removed logs will be determined; and
(b) Include the results of such testing as the department may require to determine the environmental impact of the logs in place and of removing the logs.
IV. A municipality that receives a permit under this section may enter into a commercially reasonable private contract to undertake the log removal after publicly requesting bids for such work.
V. The net proceeds of any use or sale of the removed logs shall accrue directly to the benefit of the municipality.
VI. The municipality shall hold a public hearing on the application in conjunction with the department. The municipality shall send direct notice of the application and the public hearing to the department of fish and game and to each person owning land within 150 feet of the area from which the logs will be removed. The municipality also shall post notice of the hearing in 2 public places in the municipality, one of which may be the municipality’s website, and shall publish notice of the hearing twice in 2 different weeks, the last publication to be 7 days before the hearing, in one newspaper of general circulation throughout the state and another newspaper of general circulation in the municipality. The department shall post notice of the hearing and of the deadline for submission of written comments on the department’s website, which deadline shall be not less than 10 days following the public hearing.
VII. After appropriate consideration of the application and any comments received, the department shall make its recommendations to the governor and council with regard to such petition. If the department recommends that the petition be granted, in whole or in part, such recommendation shall include appropriate specifications and conditions necessary to protect public rights and the rights and privileges of persons owning land within 150 feet of the area from which the logs will be removed, which shall include requirements for testing the submerged logs prior to and during removal to determine proper handling and disposal.
VIII. Notwithstanding the provisions of this section, if a submerged log presents a safety hazard, the state police may remove the submerged log or logs.