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Senate committee hears DES plan to let applicants email towns instead of first-class mail
Summary
The Department of Environmental Services asked the Senate Executive Departments and Administration Committee to let municipalities be notified electronically when the agency receives permit applications; DES cited a $4.6 million e-permitting contract and proposed amendments that shift some notification duties to applicants while keeping agency verification and website posting.
The Senate Executive Departments and Administration Committee heard testimony Tuesday on Senate Bill 527, a Department of Environmental Services request to allow municipalities to receive permit-notification notices electronically instead of by first-class mail.
Adam Crapo, assistant commissioner at DES, told the committee the agency is modernizing permitting systems and has "a $4,600,000 contract" with a vendor to put land resources permitting online and move databases behind it. Crapo said the existing statute—dating to the 1990s—requires agencies to send paper mail to municipalities when an application is filed. "What we're trying to do here is allow for that to be done electronically rather than via first class mail," he said.
Why it matters: DES said the paper-notice requirement results in thousands of printed letters and high transactional costs and that electronic notifications would reduce staff burden during a period of broader e-permitting investment. Crapo proposed two related amendments: (1) require applicants to provide municipality contact information (DES would verify delivery) and (2) provide DES limited discretion on timing so notices are sent when the agency is ready to post or make decisions.
Municipal concerns: Bridal Deshaies of the New Hampshire Municipal Association testified in opposition, saying many small towns lack reliable electronic capacity and that first-class mail provides a verifiable paper record necessary to meet statutory posting and hearing timelines. "Not every municipality has electronic capabilities," Deshaies said, and some town clerks use private email accounts for official business, creating records-management and public-records issues.
Committee response and next steps: Committee members pressed DES on how failures (for example, a town saying it never received an emailed notice) would be resolved. Crapo described a two-step approach—applicants provide town-clerk email addresses, DES verifies to confirm delivery, and DES posts received applications on the agency website so municipalities can check for filings—while acknowledging spam filters and limited municipal staffing could create gaps. The committee did not take a final vote and indicated it will hold SB 527 for further stakeholder discussion and possible technical amendments to preserve an auditable record for abutter notices.
What comes next: Committee members asked DES and municipal stakeholders to meet to refine certification/receipt language for abutter notice and town notification, including whether certified mail or equivalent proof should remain required in certain cases. The committee closed oral testimony on the bill and will consider committee-drafted amendments before acting.
