Planning Board discusses RSA 155‑E, existing pits and local reclamation protections

The Planning Board discussed state RSA 155‑E requirements for earth excavations after a board member raised questions about existing gravel pits and the town’s ability to require reclamation and financial surety.

Board members and staff reviewed the statute’s framework: a commercial excavation generally requires a permit under RSA 155‑E unless it qualifies for specified exemptions; the state Alteration of Terrain (AOT) permitting process and periodic renewals were described as parallel requirements. Staff noted that reclamation plans and engineered AOT submissions are typically prepared by licensed engineers and that towns can require additional protections, including a local reclamation bond or testing of nearby wells.

One board member pointed to statutory language that an excavation may be deemed abandoned if “no earth material of sufficient weight or volume … has been commercially useful … during any 2-year period,” and suggested the town could notify owners of historical pits and require them to report existing operations under RSA 155‑E’s notice provisions. Staff said one active pit in town had a renewed permit and that the town could add local criteria to address neighbor impacts, reclamation bonding and monitoring, and incremental reclamation as part of a permitting regime.

The board agreed the topic merited further review and that staff should compile existing pit records, review how other towns regulate reclamation bonds and well‑testing requirements, and draft options for local implementation. No new local regulation was adopted at the meeting.