Brookfield planning board approves temporary permit form to meet state intent‑to‑excavate rules for two gravel pits

The Brookfield Planning Board voted March 16 to create a temporary town permit form and temporarily waive certain application requirements so two long‑operating gravel pits can satisfy the state’s intent‑to‑excavate filing requirement under RSA 155‑E.

The motion, made by Chair Ed Ingalls and carried unanimously, directs staff to prepare a letter on town letterhead asking operators for basic information — owner name and address, location, an estimate of excavation to date and the remaining commercially viable material — and to mark the submission with a local permit/operation number the town can track.

Why it matters: State filings for annual intent‑to‑excavate run April 1 to March 31, and the board was told the state has signaled it will refuse incomplete forms this year. That could prevent operators from filing intents for the 2026–27 year and, in the most extreme interpretation, allow the state to decline to accept operations’ new intents if basic data is missing.

Staff member Chris, who presented the problem to the board, said the state’s sudden insistence on fully completed forms leaves little time for operators to assemble engineering plans and reclamation materials. "They should have given a year lead time," Chris said, arguing the town needs a short‑term workaround while it develops a fuller process. A planning board member warned, "If they don't have to permit April 1, the state can shut them down," underscoring the timing pressure the board faced.

What the board will do: The board agreed the short form will require the name and address of the owner, a description of the excavation site, an estimate of how much material has been removed and an estimate of how much remains — the four items called out in RSA 155‑E(2)(D). The board will waive the additional, more technical excavation and reclamation plan items for one year, with the understanding those items could be required later.

Implementation and follow‑up: The board assigned staff to prepare and deliver the letter and short form to pit operators within the next month; the plan includes marking submissions with a town operation/permit number so the state can be satisfied that the municipality has an on‑file process. The board also discussed inviting operators to a meeting to explain requirements and avoid confusion caused by exchanged letters.

Background and context: The discussion centered on pits the town considers "grandfathered" — sites in operation before the era of state permitting — that therefore did not previously hold state permits but are nevertheless subject to local 155‑E reporting and local permitting once the state shifts responsibility to the municipality. The state fee for filing an intent to excavate was noted to be $100; the town receives a yield tax of $0.02 per cubic yard reported on the annual excavation report, which was described as negligible for Brookfield’s operations.

Next steps: The board asked staff to draft the letter and short form, run it by town counsel or the town's designated reviewer if needed, and deliver it to the operators in the coming weeks so they can submit the short form before the April 1 filing window. The board left open the option of requiring more detailed plans in a later year.