Committee advances bill to let DES penalize contractors who repeatedly violate shoreland and stormwater rules

Senator Howard Pearl introduced Senate Bill 299 to the House Resources, Recreation and Development Committee, saying the existing penalty scheme under the shoreland program does not allow DES to pursue contractors who repeatedly create violations if a property owner cooperates and restores the site. "In such cases, the contractor receives an unfair advantage over more reputable competitors," Senator Pearl said.

Andrea Lamoreaux, president of New Hampshire Lakes, testified in support and said the measure "closes a loophole" and would protect lakes and homeowners from bad actors. "Many property owners rely on contractors to know what type of work is allowed under the law and what permits are required," Lamoreaux said.

Darlene Forst of DES also testified in support and said the agency circulated a letter backing the legislation. Forst described the department's enforcement practice and noted that outreach and education are DES’s first approach. She said the department is concerned about situations where a licensed professional repeatedly performs work that exposes soil, spreads fertilizer within regulated buffer zones, or otherwise creates irreparable harm. DES said a tool to address repeat violators would be valuable and that fines would go to the general fund.

Committee members asked about outreach and education for contractors; Forst described past outreach efforts with industry groups and said DES would welcome a statutory definition of "contractor" to make enforcement clear. The committee also heard that the bill as introduced had broad support from lake associations.

At executive session the committee voted unanimously to recommend the bill. Representative DuPont moved that SB 299 ought to pass; Representative Bridal seconded. The roll call recorded unanimous approval and the committee logged the bill as recommended to pass.