New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 155-E:5 (2026)
Minimum and Express Reclamation Standards
✓ current as of May 2026
Find cases:
SyfertCases citing this section
NH-GCgc.nh.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
155-E:5 Minimum and Express Reclamation Standards. –
Within 12 months after the expiration date in a permit issued under this chapter, or of the completion of any excavation, whichever occurs first, the owner of the excavated land shall have completed the reclamation of the areas affected by the excavation to meet each of the following minimum standards or when such excavation is not subject to a permit under this chapter pursuant to RSA 155-E:2, to meet each of the following express standards:
I. Except for exposed rock ledge, all areas which have been affected by the excavation or otherwise stripped of vegetation shall be spread with topsoil or strippings, if any, but in any case covered by soil capable of sustaining vegetation, and shall be planted with seedlings or grass suitable to prevent erosion. Areas visible from a public way, from which trees have been removed, shall be replanted with tree seedlings, set out in accordance with acceptable horticultural practices.
II. Earth and vegetative debris resulting from the excavation shall be removed or otherwise lawfully disposed of.
III. All slopes, except for exposed ledge, shall be graded to natural repose for the type of soil of which they are composed so as to control erosion or at a ratio of horizontal to vertical proposed by the owner and approved by the regulator. Changes of slope shall not be abrupt, but shall blend with the surrounding terrain.
IV. The elimination of any standing bodies of water created in the excavation project as may constitute a hazard to health and safety.
V. The topography of the land shall be left so that water draining from the site leaves the property at the original, natural drainage points and in the natural proportions of flow. For excavation projects which require a permit from the department of environmental services pursuant to RSA 485-A:17, the provisions of that statute, and rules adopted under it, shall supersede this paragraph as to areas of excavation sites covered thereby. The excavator shall file a copy of permits issued under RSA 485-A:17 with the regulator.
Within 12 months after the expiration date in a permit issued under this chapter, or of the completion of any excavation, whichever occurs first, the owner of the excavated land shall have completed the reclamation of the areas affected by the excavation to meet each of the following minimum standards or when such excavation is not subject to a permit under this chapter pursuant to RSA 155-E:2, to meet each of the following express standards:
I. Except for exposed rock ledge, all areas which have been affected by the excavation or otherwise stripped of vegetation shall be spread with topsoil or strippings, if any, but in any case covered by soil capable of sustaining vegetation, and shall be planted with seedlings or grass suitable to prevent erosion. Areas visible from a public way, from which trees have been removed, shall be replanted with tree seedlings, set out in accordance with acceptable horticultural practices.
II. Earth and vegetative debris resulting from the excavation shall be removed or otherwise lawfully disposed of.
III. All slopes, except for exposed ledge, shall be graded to natural repose for the type of soil of which they are composed so as to control erosion or at a ratio of horizontal to vertical proposed by the owner and approved by the regulator. Changes of slope shall not be abrupt, but shall blend with the surrounding terrain.
IV. The elimination of any standing bodies of water created in the excavation project as may constitute a hazard to health and safety.
V. The topography of the land shall be left so that water draining from the site leaves the property at the original, natural drainage points and in the natural proportions of flow. For excavation projects which require a permit from the department of environmental services pursuant to RSA 485-A:17, the provisions of that statute, and rules adopted under it, shall supersede this paragraph as to areas of excavation sites covered thereby. The excavator shall file a copy of permits issued under RSA 485-A:17 with the regulator.
Source. 1979, 481:2. 1989, 363:10. 1991, 310:18-20. 1996, 228:108, eff. July 1, 1996.
Notes of Decisions
Cited in 5
cases, 1989–2010 · leading case: Bedard v. Town of Alexandria, 992 A.2d 607 (N.H. 2010).
Bedard v. Town of Alexandria, 992 A.2d 607 (N.H. 2010). “” The trial court ruled that the plaintiffs impermissibly excavated in the setback area and ordered them to undertake reclamation in accordance with RSA 155-E:5 and the Town’s regulations. Because the trial court’s order did not address the Town’s request for attorney’s fees…”
Town of North Hampton v. Sanderson, 557 A.2d 643 (N.H. 1989). “1988), and restoration pursuant to RSA 155-E:5 (Supp. 1988) and the town zoning ordinance.”
Town of Wolfeboro v. Smith, 556 A.2d 755 (N.H. 1989). “24, 1979] and which is subject to this act may continue such existing excavation without a permit but shall perform restoration in compliance with RSA 155-E:5 within a reasonable period following the intended cessation of the excavation or any completed section thereof.”
Thayer v. Town of Tilton, 861 A.2d 800 (N.H. 2004). “On August 29, town counsel wrote to Bio Gro stating that the proposed project would require approval by the town under the town’s zoning ordinances, site plan regulations and RSA 155-E:5 (2002). On September 25, 1997, the Board unanimously adopted an ordinance regulating the use…”
Town v. Gadd, 569 A.2d 231 (N.H. 1990). “The defendants claim that they are authorized to continue their mining activities pursuant to the grandfather clause of RSA chapter 155-E, which specifically provides that “[a]ny owner of an existing excavation in use as of the effective date of this act and which is subject to…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.