§ 21-O:5-a — Wetlands Council

New Hampshire § 21-O:5-a

• Jurisdiction: New Hampshire
• Title I: THE STATE AND ITS GOVERNMENT
• Ch. 21-O: DEPARTMENT OF ENVIRONMENTAL SERVICES

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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 division of planning and community 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; one shall be a supervisor, associate supervisor, former associate supervisor, or former supervisor, of a conservation district at the time of appointment; one shall be a municipal official other than a member of the conservation commission at the time of appointment; one shall be a natural resource scientist; one shall be a member of the construction industry; one shall be a member of the marine industry; one shall have experience in environmental protection and resource management at the time of appointment; and one shall be a farm or forest landowner. 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 RSA 482-A relative to wetlands, or under RSA 483-B relative to shoreland protection and shall decide all disputed issues of fact in such appeals, in accordance with RSA 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 RSA 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 RSA 541-A to govern its proceedings. The council shall be subject to the requirements of RSA 541-A:36, notwithstanding RSA 21-O:14.
VIII. The council shall approve disbursements of the aquatic resource compensatory mitigation fund established under RSA 482-A:29.

Legislative History

1996, 296:35. 2002, 210:1. 2003, 319:9. 2004, 257:44. 2006, 313:3. 2007, 209:1. 2008, 171:3, 4. 2010, 354:3, eff. Sept. 18, 2010. 2015, 67:1, eff. Aug. 1, 2015. 2017, 156:14, I, 64, eff. July 1, 2017. 2019, 202:6, eff. Sept. 8, 2019. 2021, 91:198, eff. July 1, 2021. 2023, 79:20, eff. July 1, 2023. 2025, 141:33, 121, eff. July 1, 2025.