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Committee backs faster permit-by-notification process for some alteration-of-terrain projects
Summary
An amended bill would let DES establish a permit-by-notification (PBN) pathway and adjust fees to speed review for certain mid-size land‑disturbing projects; the committee recommended the measure to align with a broader housing-permitting push.
Peter O'Neil, Senate communications director, introduced Senate Bill 110 on behalf of the prime sponsor and described the Senate-amended bill as directing the Department of Environmental Services to adopt rules establishing a permit-by-notification (PBN) process for certain alteration-of-terrain (AOT) projects and to set fees. "It establishes fees for applications for terrain alteration and requires that the Department of Environmental Services is to adopt rules to establish by notification for certain projects ... encompassing an area less than 50,000 square feet," O'Neil said.
Matt Mayberry, chief executive officer of the New Hampshire Home Builders Association, supported the bill and said it would help move smaller residential developments through permitting faster. "This is exactly what you folks have wanted forever ... it's a private-public partnership in which we're working with New Hampshire DES and there's a fast-track program that will be paid for by the developers," Mayberry said. He described the change from a 100,000-square-foot threshold down toward 50,000 square feet (as amended) as a way to let more small subdivisions proceed under a faster process.
Meredith Hatfield of The Nature Conservancy supported narrowing the bill’s application to housing projects and raised concerns about whether the fee increases in the amendment will cover DES staff time needed for compliance auditing. Philip (Bill) Trowbridge, manager of land resource management at DES, explained the AOT program’s objectives—erosion control, maintaining hydrology, and groundwater recharge—and said the department had worked with stakeholders to develop the PBN approach and could be ready to adopt rules by law-required deadlines. He noted the same language also appears in the governor’s HB 2 initiative.
Committee members asked about workload, inspections and the difference between larger AOT projects and the smaller, individual-home work. Trowbridge said DES expects to use audits and compliance assurance to ensure that PBN projects meet plan conditions and that most compliance is achieved voluntarily.
At exec session the committee voted to recommend SB 110 FN, recording a 15–1 vote in favor. Representative Steve Donnelly moved OTP and Representative Heather Darby seconded. Representative Vail recorded the lone no vote. The committee noted the bill aligns with broader efforts in HB 2 to streamline permitting and consolidate some functions under DES while increasing fees to cover program costs.
