New Hampshire · Through 2026 regular legislative session. Last updated: September 2026

RSA 149-M:71: Prohibitions and Restrictions.

I. No person shall commence construction of any major solid waste disposal facility within the state unless it has obtained a certificate pursuant to this chapter. Such facilities shall be constructed, operated, and maintained in accordance with the terms of the certificate. Such certificates are not required for changes or additions to existing facilities unless they propose an increase in the average permitted annual capacity over the lifespan of the existing facility greater than or equal to 50,000 tons or 100,000 cubic yards per year. Such a certificate shall not be transferred or assigned without approval of the committee. Unless otherwise specified in this chapter, any approved major solid waste facility shall not be constructed, operated, or closed in a manner materially different than the manner in which it was presented in the application for a certificate as modified and conditioned by such certificate.
II. Notwithstanding RSA 541-A:29 or any other law to the contrary, an application for a certificate from the committee shall be approved or denied by the committee prior to final decisions on all other state agency permit applications, except for the department's determination in accordance with RSA 149-M:11, III. Applications for certificates may be filed and evaluated by the committee concurrently with other state approvals and public hearings may be scheduled concurrently with hearings held by other state agencies as part of their permitting process for the same facility.
III. Notwithstanding paragraph II, for facilities under review by the department for a permit on or prior to July 1, 2026, an application for a certificate from the committee shall be approved or denied after other state agency approvals have been obtained. The committee need not assess technical questions already considered by other states or federal agencies, but shall take into account the conclusions of these analyses, including permit terms and conditions, in its approval or denial of the certificate. The committee may also take into account independent analyses in its process of approval or denial of the certificate.

Where this section sits in the code

Title X: PUBLIC HEALTH
Chapter 149-M: SOLID WASTE MANAGEMENT
Solid Waste Site Evaluation Committee

II. Notwithstanding RSA 541-A:29 or any other law to the contrary, an application for a certificate from the committee shall be approved or denied by the committee prior to final decisions on all other state agency permit applications, except for the department's determination in accordance with RSA 149-M:11, III. Applications for certificates may be filed and evaluated by the committee concurrently with other state approvals and public hearings may be scheduled concurrently with hearings held by other state agencies as part of their permitting process for the same facility.

III. Notwithstanding paragraph II, for facilities under review by the department for a permit on or prior to July 1, 2026, an application for a certificate from the committee shall be approved or denied after other state agency approvals have been obtained. The committee need not assess technical questions already considered by other states or federal agencies, but shall take into account the conclusions of these analyses, including permit terms and conditions, in its approval or denial of the certificate. The committee may also take into account independent analyses in its process of approval or denial of the certificate.

Collected 2026-10-11T03:34:30Z. Source file · JSON

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