Committee backs bill to let DES target contractors in shoreland violations

Senate Bill 299, introduced by Senator Howard Pearl (District 17), would change enforcement under the Shoreland Protection Act to allow the New Hampshire Department of Environmental Services (DES) to assess administrative fines against contractors who cause shoreland violations even when property owners later cooperate to restore the site.

The bill’s sponsor told the Senate Energy and Natural Resources Committee that, under current law, DES can pursue an administrative fine only if a site is not restored within one year of the agency’s notice; that leaves DES without a remedy against contractors when a cooperating property owner completes restoration. “Many property owners rely on contractors to know what type of work is allowed under the law,” Senator Pearl said. He described a perceived enforcement gap that can give unscrupulous contractors an unfair competitive advantage.

Darlene Forrest, Wetlands Bureau Administrator at the New Hampshire Department of Environmental Services, testified that contractors who follow permitting requirements have complained that competitors sometimes complete improper work without pulling permits and are gone before DES discovers the violation. Forrest said current penalty authority is tied to failed restoration within a one-year window and that the bill would “close that loophole.” She provided written testimony to the committee and said the department is not taking a formal position on the bill but supports discussion of the issue.

Committee members asked how repeat violations would be identified and whether enhanced fines could be imposed while an earlier violation was still under appeal. Forrest said DES would likely consult legal counsel and would be cautious about applying enhanced penalties where a prior violation had not reached a final determination through any appeal process. Senator Waters asked that the committee report reflect the committee’s intent that an earlier violation should reach final resolution before it is used to trigger an enhanced penalty; several members agreed.

As drafted in testimony, the bill would allow the statutory administrative fine cap (noted in the bill as $5,000 per violation) to be multiplied for repeat violations. Senator Forrest said DES would enforce the law in active enforcement proceedings and consult legal staff on whether a subsequent act merited enhanced penalties depending on timing and egregiousness.

After discussion the committee voted by voice to recommend the bill (ought to pass). The committee also agreed to include committee-report language clarifying that enhanced penalties for repeat violations are intended to apply only when a prior violation has been finally resolved.