About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2019 Op. N.H. Att'y Gen. 1 (2019)

handle is hein.sag/sagnh0053 and id is 1 raw text is: ATTORNEY GENERAL DEPARTMENT OF JUSTICE 33 CAPITOL STREET CONCORD, NEW HAMPSHIRE 03301-6397 GORDON J. MACDONALD JANE E! YOUNG ATTrORNEY GENERAL DEPUTY ATTORNEY GENERAL December 27, 2019 Robert R. Scott, Commissioner N.H. Dept. of Environmental Services 29 Hazen Drive Concord, New Hampshire 03301 Re: Enforcement Authority over Dwellings Over Water Dear Commissioner'Scott: On November 12, 2019, the N.H. Dept. of Environmental Services (Department) referred a case to our office regarding a small expansion (exterior egress consisting of a stairway and deck) of a dwelling over water. The Department referred the case believing it did not have the authority to pursue the issue administratively. The referral included a copy of, and references to, an opinion authored by Senior Assistant Attorney General Jennifer Patterson dated July 31, 1995. That opinion is also a published Opinion of the Office of the Attorney General. 1995 N.H. AG LEXIS 2. The opinion discussed various aspects of dwellings over water which are addressed specifically by RSA 482-A:26 and 27. It asserted that, because a more specific i statute controls over a general statute, actions of the Wetlands Board could not contradict the express provisions of RSA 482-A:26 and 27. Appeal of Plantier, 126 N.H. 500, 510 (1985); State v. Bell, 125 N.H. 425, 432 (1984). Nothing in that portion of the opinion has changed. The opinion went further, however, stating that the subdivision of RSA ch. 482-A consisting of RSA 482-A:26 and A:27 was separate ... from the Board's permitting and enforcement authority, and operates independently. It asserted that any permitting authority was wholly inapplicable to dwellings over water and that the Wetlands Board had no authority to issue administrative fines against a person in violation of RSA 482-A:26 and A:27. Finally, it stated that the Wetlands Board could not issue an order requiring compliance with RSA 482- A:26 and A:27. The opinion supported this position only by referencing the overall structure of the statute. The opinion did not address the fact that the Wetlands Board's authority to issue 1 orders under RSA 482-A:6 at the time referred specifically to violations of the chapter, not just certain subdivisions. RSA 482-A:26 and A:27 are located within the Chapter. In 1996, the legislature created the Water Division at the N.H. Dept. of Environmental Services (Department) and shifted the responsibilities of the Wetlands Board to the Division. Telephone 603-271-3658 o FAX 803-211-2110 * TDD Access: Relay NHl 1-800-735-2964

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most