buy cheap viagrageneric levitraNHACC: New Hampshire Association of Conservation Commissions  

House Bill 513 relative to shoreland protection
Public Hearing: 2/5/2013 2:00 PM Legislative Office Building Room 305
Resources, Recreation and Development Committee

SB 102 Election of Conservation Commission Members- No hearing scheduled

This bill will be heard by the Senate Public and Municipal Affairs Committee

Congress has passed a fiscal cliff deal that renews the enhanced income tax deduction for conservation easements through 2013, and retroactive to the beginning of 2012.

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HB 514, amends RSA 36-A to include this language:
"II. No commission, its members, or designee shall enter private property to gather data about the property for use in a wetlands designation, prime wetlands designation, natural resource inventory report or map, or natural heritage map without first obtaining permission of the property owner or agent, or a lawfully issued warrant. Such permission may be oral or written, provided that record is made of oral authorization. If consent for entry is denied, the conservation commission, or designee, may obtain an administrative inspection warrant under RSA 595-B.

III. Prior to requesting permission, the commission, its members, or designee shall notify the landowner of the purpose of the data gathering, the specific features that will be evaluated, the manner in which the data collected will be recorded and distributed, and possible known consequences of the data collection.

IV. No data gathered by entering property without the permission of the landowner or an administrative warrant shall be used for any purpose other than law enforcement purposes authorized by statute."

This new language, specific to conservation commissions, was never afforded a hearing, but was a last minute amendment made in a Senate executive session.

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SB 19 relative to prime wetlands has come out of conference committee with a result that's somewhat better than the House version.

All 100' buffers for prime wetlands are no longer in effect except for designations that were voted between 2007 and 2012. The philosophy behind the grandfathering of the buffer for these dates is that prior to 2007 the law was not specific about buffer language.

Future prime wetland designations:

• Are not afforded a buffer.

• The landowner and all abutters must be given notice prior to the public hearing. Prior to the municipal vote maps that depict wetland boundaries shall be prepared and landowners having proposed prime wetlands on their property shall be informed of the boundary delineation.

• A prime wetland shall be at least 2 acres in size, shall not consist of a water body only, shall have at least 4 primary wetland functions, one of which shall be wildlife habitat, and shall have a width of at least 50 feet at its narrowest point. The boundary shall coincide, where present, with the upland edge of any wetland that is part of the prime wetland. On-site verification of proposed prime wetland boundaries shall be performed where landowner permission is provided.

The Rockingham County Superior Court granted Cheryl Killam's motion for an award of attorney's fees. The Court granted its "....award to the proportionate share of attorney's fees attributable to her claim of constitutional due process...."

The Court finds that Killam's action "conferred a substantial benefit on not only [Plaintiff] who initiated the action, but on the public as well[.]""

http://www.unionleader.com/article/20120628/NEWS06/706289911/0/island05