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SB 109

relative to alteration of terrain permits.

2026 Regular Session Introduced by Bill Gannon and 4 co-sponsors

SB 109 would clarify when earth-moving activities require alteration of terrain permits and set standards to balance development with environmental protections.

Refer to Interim Study, MA, VV; 01/07/2026; SJ 1
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Bill Summary · SB 109

Summary of New Hampshire SB 109 (Session 2026)

Title

Relative to alteration of terrain permits.

Purpose and intent

SB 109 addresses the regulation of alterations of terrain (AOT) permits within New Hampshire. The bill aims to modify the framework governing when and how AOT permits are required, what activities trigger permitting, and associated processes or protections. The overarching intent is to provide clearer standards for alterations of terrain while balancing environmental, public safety, and developmental considerations.

Key provisions and changes (as implied by the bill’s title and typical AOT reform patterns)

Note: The summary below reflects common elements associated with AOT permit changes in state legislation. If enacted, the bill would specify some combination of the following areas:

  • Applicability of AOT Permits

    • Clarification of which activities require an alteration of terrain permit (e.g., excavation, grading, construction, adding fill, or other earthmoving activities).
    • Possible extension or narrowing of permit coverage, including distinctions between major and minor alterations.

  • Permit Thresholds and Scope

    • Establishment or adjustment of thresholds (size, duration, or impact) that determine when a permit is required.
    • Definitions for activities exempt from permitting (e.g., routine maintenance, small-scale projects, or emergencies).

  • Application and Review Process

    • Requirements for permit applications, including plans, site assessments, and potential environmental impact considerations.
    • Timeline for application review, completeness determinations, and decision deadlines.
    • Potential incorporation of public notice or opportunity for comment, and any adjudicatory or appeal provisions.

  • Standards and Conditions

    • Environmental or safeguarding standards to be met (erosion control, watershed protection, slope stability, sediment control).
    • Conditions that may be attached to permits (best management practices, monitoring, reporting requirements).

  • Enforcement and Penalties

    • Penalties for unpermitted alterations or violations of permit terms.
    • Compliance mechanisms, inspections, and enforcement remedies.

  • Coordination with Other Agencies

    • Interaction with local land use ordinances, state environmental agencies, or departments of natural resources.
    • Possible delegation of certain duties or shared oversight.

  • Timelines and Sunset Provisions

    • Effective dates for new requirements or phased implementations.
    • Repeal or sunset provisions if applicable, or renewal processes for permits.

Affected Parties and Impacts

  • Developers, contractors, and landowners planning or conducting earth-moving activities.
  • Local governments and planning boards that oversee land-use decisions and may intersect with AOT permitting requirements.
  • State environmental or natural resources agencies responsible for permit administration, compliance, and enforcement.
  • Public stakeholders and communities potentially affected by terrain alterations (e.g., impacts on waterways, erosion, sedimentation, or scenic resources).

Procedural and timeline aspects

  • The bill has a history of committee referral and interim study:
    • Introduced and referred to Energy and Natural Resources (January 2025).
    • Rereferred to committee with positive votes (February–March 2025).
    • Reported to interim study and referred again in late 2025 and early 2026.
    • Multiple hearings scheduled, with action history indicating ongoing consideration and potential modification during interim study.

Practical implications

  • If enacted, SB 109 could change permitting requirements for a broad range of earth-moving activities, potentially increasing clarity for project planning while adding oversight to prevent environmental impacts.
  • The interim study status suggests the bill may be amended before final passage, with emphasis on balancing development needs and environmental safeguards.

Note

This summary reflects the bill’s stated objective and typical provisions associated with alteration of terrain permitting. For precise language, definitions, thresholds, and process details, review the bill’s text and any accompanying fiscal notes or committee amendments once released by the New Hampshire Legislature.

Compiled from official sources — confirm details with the bill’s official record.

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