Tamworth planning board to place regulatory compliance ordinance on March ballot after public hearing

The Tamworth Planning Board voted unanimously Jan. 28 to place a proposed Regulatory Compliance Ordinance on the March town ballot after a public hearing attended by property owners and residents.

At the hearing, Lianne Prentice, the board’s Selectboard representative, described the ordinance and said a Frequently Asked Questions document had been prepared and would be distributed. "The Compliance Officer will be a resource for property owners, to help understand what may or may not be required," Prentice said.

Why it matters: The ordinance would create a town notification mechanism for property projects that exceed a dollar threshold (the draft sets that threshold at $5,000), allow the town to collect a fee to offset administrative costs and provide a point of contact to help owners understand local requirements. Backers said the fees would help offset the cost of a compliance function and streamline processes; some residents warned about added cost and urged clearer fiscal projections.

During the hearing, residents pressed officials on the limits of the Compliance Officer’s duties and who handles failed septic systems. Prentice said NH Department of Environmental Services (NH DES) approves septic plans and that "failed septics are not the Compliance Officer’s job." Several residents asked whether the proposal would create a new full-time position; Prentice said it "is not likely to become a full time position."

Concerns about the $5,000 threshold were frequent. Laura Pike called the change "long overdue" but asked for information on how the dollar amount was chosen and suggested a per-diem approach for staff time. Opponents questioned whether the measure would increase costs for taxpayers; Andy Fisher, a board member, argued that the change "will lower the tax rate for everybody across town by everyone paying their fair share." Others, including Adam Cunningham, urged the board to provide preliminary cost estimates before finalizing implementation: "If the goal is to get people to come into compliance with these things, you are not talking about an ordinance, you are talking about an enforcement body."

The hearing also included questions about enforcement. One attendee pointed to RSA 676 penalty language and the draft materials; the RSA bullet points cited in public comment refer to fines including amounts (attendee noted figures of $275, $550 and potential daily penalties) and the board said it would include RSA citations in materials and work with town counsel on discretion and enforcement details.

What’s next: The board approved a motion by Andy Fisher, seconded by Lianne Prentice, to place the ordinance on the March Town ballot. Lianne Prentice said the board will produce an FAQ mailing before Town Meeting and continue legal review and discussions about fee schedules and exemptions. The board closed the hearing at 6:22 p.m.