NHOEP - Reference Library, Excavation

Reference Library

Excavation

"RSA 155-E: The Law Governing Earth Excavations" (1999 SWRPC [Sec. IV revised 8/12/05])

Cover Page and Section Pages
Preface
Table of Contents
Section I: RSA 155-E
Section II: Model Excavation Regulations
Excavation Requirements Matrix
Section III: NH Court Cases Relative to Excavations
Section IV: Excavation Tax and Taxation of Excavation Area (revised 8/12/05)
Appendix 1: Excavation Application and Checklist
Appendix 2: "Best Management Practices for Fueling and Maintenance of Excavation and Earthmoving Equipment" Fact Sheet WD-DWGB-22-6, 2008; NH Department of Environmental Services
Appendix 3: "Vegetating New Hampshire Sand And Gravel Pits"; USDA, April 1991
Appendix 4: Seeding Fact Sheet; USDA, 1994
Appendix 5: Notice Of Intent To Excavate; New Hampshire Department of Revenue Administration (hardcopy only)

Examples of local regulations
- Bow 2004
- Londonderry
- Raymond 2001
Chapter 155-E: Local Regulation Excavations
For regulatory information, contact Ridge Mauck at DES ridgely.mauck@des.nh.gov or (603) 271-2303
"Can They Dig It?" (20 questions about excavations) By H. Bernard Waugh, Jr., Staff Attorney, New Hampshire Town and City April 1986
TOWN OF CARROLL v. WILLIAM RINES Argued: June 13, 2012 Resubmitted: December 7, 2012 Opinion Issued: January 30, 2013
- Town of Carroll victorious after court reverses decision
  Pat Grossmith, NH Union Leader 1/31/13
TOWN OF CARROLL v. WILLIAM RINES Argued: June 13, 2012 Opinion Issued: November 9, 2012
The local excavation regulation was so broadly worded that it did not provide for exceptions for permit-exempt excavations under the statute and thus was found to be prempted by RSA 155-E.

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