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Committee recommends H723 changes to land‑posting rules; counsel explains 365‑day recording rule
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Summary
The committee reviewed H723, which clarifies posting requirements against hunting/fishing/trapping, removes the annual dating requirement and makes a recorded posting enforceable for 365 days; the committee voted to recommend the bill to the floor after questions about 'minor deviations' and timing of recordings were clarified.
Legislative counsel walked the Natural Resources & Energy Committee through H723, which makes several targeted changes to the statute that governs posting land against hunting, fishing, trapping or taking wild game.
Bradley Shaw of the Office of Legislative Counsel said the bill conforms inconsistent posting language, removes the requirement that notice signs be dated each year, and clarifies that a posting recorded with the town clerk is valid and enforceable for 365 days from the recording date. The bill also clarifies that land that is both posted and recorded shall be considered "enclosed" for the statute’s purposes.
Members asked about an owner’s responsibilities when a posted sign is damaged or removed and whether minor or accidental deviations from signage requirements would render a posting ineffective. Counsel said the bill provides leeway for accidental or unintentional minor deviations in signage (for example, damage or mismeasurement) so long as the signs would lead a reasonable person to understand the posting, but that the leeway does not apply to the recording requirement: property owners must still record the posting to trigger the 365‑day enforceability period.
Committee members also asked about timing: because the 365‑day enforceable period begins on the recording date, a recording entered late in a day might not be effective until the next day under the statute as drafted. Counsel acknowledged the need for clarity and said property owners will need to account for that timing when renewing recordings.
A motion was made to recommend H723; the committee called the roll and the transcript records affirmative roll‑call responses. The chair said the committee would report the measure to the floor. The committee did not record a detailed roll‑call tally in the transcript beyond members answering "Yes" at the roll call.
Next steps: staff will provide the final committee report and the measure will be reported to the floor with the committee’s recommendation.
