§ 482:77 — Small-Watershed Projects

I. The department is authorized to cooperate with cities and towns in the development of small-watershed projects as planned by the Natural Resources Conservation Service of the United States Department of Agriculture and local sponsoring organizations, under the provisions of Public Law 566, as amended, and under RSA 482:75. Notwithstanding any other provision of law, the exercise of eminent domain may not be applied on any lands needed to allow the enlarging of a dam beyond the height or length needed solely for flood control purposes.
II. Financial aid from the state for recreational purposes at such a project is contingent upon approval by the state soil conservation committee of a land use plan for proposed public development at each site under consideration. The state soil conservation committee shall review each site and shall assist the municipalities, local sponsoring organizations, and land owners in preparing a general land use plan for each site. The committee shall also assist the municipalities in the preparation of mutually acceptable applicable ordinances to which such a general land use plan shall conform.
III. A small-watershed project fund is created to receive state and local municipal contributions for payment of the cost of acquiring additional land and right-of-ways and for construction costs for recreation purposes to be included in the structures and appurtenances on the United States Natural Resources Conservation Service projects. If the town joining in the project has matched the funds appropriated for the project by the state and has deposited the matching funds into the small-watershed project fund, the department is authorized to draw money from this fund for the purposes set forth in this section, subject to the conditions upon spending the matching funds set forth in the statute making the appropriation.

Legislative History

1989, 339:1. 1995, 206:2. 1996, 228:106, eff. July 1, 1996.