Committee advances SB 110 setting new fees and a ‘permit by notification’ for terrain alteration

Committee members voted in executive session to recommend "Ought to Pass" on Senate Bill 110, a measure that sets application fees for alteration of terrain permits and directs the Department of Environmental Services (DES) to adopt rules establishing a permit‑by‑notification process for some projects.

The bill folds two preliminary reviews into DES as a single point of contact, creates fee tiers and an optional expedited fee track paid by applicants, and is intended by supporters to speed reviews while funding additional staff at DES.

Tricia Malillo, who introduced the bill for Senator Lang, told the committee the Department of Environmental Services worked with the sponsor on the amended language and is prepared to answer questions. "This bill was amended by the Senate and the Department of Environmental Services is here to answer any questions you may have," she said.

Matt Mayberry, CEO of the New Hampshire Home Builders Association, testified in support: "We're in strong support of SB 110," and said the expedited review would be optional and paid by developers. "We're not asking the taxpayers for any money at all," Mayberry added, saying the change consolidates what had been a three‑step review process (natural heritage, fish and game, then DES) so applicants have "one point of contact, one stop shopping."

Philip (Phil) Trowbridge, manager of Land Resources Management at DES, described the technical structure and several thresholds in the bill. He said shoreland projects—those affecting protected water bodies—have lower thresholds for review: "For a project that touches any part of protected shoreland, that threshold goes down to 50,000 square feet." He also said DES would continue to carry out habitat and endangered species reviews and consult federal law where required.

Committee members pressed staff and proponents on several fee specifics and program impacts. Questions and answers from the hearing record include: - An initial expedited or application fee of $3,125 was cited by Mayberry when asked for a figure for the "initial fee." Mayberry said the builders would pay that fee as part of the optional expedited route. - DES told the committee that a $5,000 fee applies to projects of 50,000 square feet or greater in shoreland areas, and that larger projects move to the standard, larger fee schedule. Trowbridge explained a per‑square‑foot component appears in the language, summarized in the bill as "$500 plus $0.005 per square foot of disturbance" for "all other projects," with additive $2,500 increments for each additional 100,000 square feet disturbed. - DES projected the revised fee schedule across water‑related programs would generate roughly $1.2 million in additional revenue for fiscal year 2025 and would fund several additional staff positions (DES estimated 4–6 new staff), according to testimony.

DES described the change as a mix of consolidating reviews and moving some habitat and species checks into the department so the applicant can submit once. Trowbridge said, "This does not limit the reviews needed for Shoreland. It doesn't actually change anything regarding our reviews for alteration of terrain projects that are near a protected water body." He also acknowledged the fee increases represent roughly a 92 percent overall increase in some fee lines compared with prior levels and described the package as a "beta test" that can be adjusted.

Several members asked for the department's supporting calculations; Trowbridge said DES had spreadsheets and would share its underlying calculations and that the agency had reviewed the numbers with legal counsel. Representative Olmi and others flagged wording concerns about how the statute describes which projects fall under which fee lines, saying the text could be ambiguous and vulnerable to challenge.

During executive session the committee moved an "Ought to Pass" recommendation on SB 110. Representative Tierney made the motion and Representative Alme seconded. On a roll call the committee recorded 15 votes in favor and 1 against; the motion passed and the bill was placed on the consent calendar for the next House floor consideration. The committee recorded no minority report.

The committee hearing record shows proponents say the change will speed permitting and be paid by applicants, while some members warned the statutory language could be clearer to avoid litigation and requested DES share the fee calculations and supporting spreadsheets.

Votes at a glance: The committee voted 15–1 to recommend OTP (Ought to Pass) on SB 110; the committee also agreed to place the bill on the consent calendar for floor action.

SB 110 will proceed to the full House; the committee record shows proponents and DES staff will provide requested fee spreadsheets to members.