New HampshireHB11412025-2026 Regular SessionHouse

(New Title) relative to permitting and fee authority for mining and prospecting.

Sponsored By: Tony M Caplan (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 1 benefits, 2 costs, 3 mixed.

Older mines get permit law exemptions

Mining activities that existed before August 24, 1979, are exempt from RSA 485-A. Rock crushing to make construction aggregate is also exempt when regulated under RSA 155-E. These exemptions remove the chapter's requirements for qualifying activities.

Mining operators face broader permit rules

New Hampshire's terrain-alteration permits cover mining and professional mineral exploration using mechanized equipment, such as core drills. Covered operators must submit detailed plans and requested information at least 30 days before starting. Work cannot begin until the department issues a permit. Covered minerals include rock, dimension stone, sand, gravel, and construction aggregate. Dimension stone means rock cut or shaped for construction use, excluding earth as defined in RSA 155-E:1, I. The department must adopt rules covering financial guarantees and site restoration. Restoration means returning the site to a comparable natural shape with diverse, permanent vegetation that renews itself and supports productive use. Public-hearing rules must set a deadline for the department's decision after a hearing.

Mining operators face volume-based extraction fees

The commissioner must set a fee based on the volume of minerals extracted through permitted mining or prospecting. Excavation of earth, as defined in RSA 155-E:1, is excluded. The fee must cover permit review, decisions, compliance checks, enforcement, and other permit-related costs. Revenue goes to the water resources fund. The law does not set a fee rate.

Workers must stop around human remains

Workers must immediately stop disturbing unmarked human burials or remains found during construction, farming, or permitted mining or prospecting. Work cannot resume without authorization from the county medical examiner or state archaeologist. This protects the remains while restricting work at the affected site.

Mining applicants shift to new oversight

Mining applications pending when the new department rules take effect stay under RSA 12-E and its rules. The natural and cultural resources commissioner must consult the relevant commissioner about permit terms. Applications filed after the rules take effect use RSA 485-A instead; RSA 12-E no longer applies to them. Transition permits follow RSA 485-A for changes, monitoring, enforcement, and renewal. Two years after passage, the law repeals RSA 12-E, the mining and reclamation dedicated-fund provision, and the specified mining-permit provision in RSA 482-A:3, XI(c).

Project applicants face revised terrain fees

Terrain-alteration applicants must pay when submitting plans; the department cannot accept an application without payment. Outside the listed categories, the fee is $250 plus $0.04 per square foot disturbed. This replaces $500 plus $0.005 per square foot, lowering the base charge but raising the area charge. Qualifying permit-by-notification projects cost $3,125. Applications covering 150,000 to less than 200,000 square feet cost $6,250. Each additional area of up to 100,000 square feet adds $2,500. Specified properties subject to RSA 483-B:9 covering 50,000 to less than 150,000 square feet cost $5,000. A permit amendment requiring plan review costs $500.

Sponsors & Cosponsors

Sponsor

Tony M Caplan
Democratic • House

Cosponsors

Ellen D Read
Democratic • House
Lucius Parshall
Democratic • House
Nicholas A Germana
Democratic • House
Peter W Bixby
Democratic • House

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

Signed by Governor Ayotte 07/10/2026; Chapter 292; eff. I. Sec 9-12 eff 7/10/2028 II. Rem eff 7/10/2026
7/16/2026House
Enrolled (in recess of) 06/04/2026 HJ 15 P. 56
7/1/2026House
Enrolled Adopted, VV, (In recess 06/04/2026); SJ 15
6/30/2026Senate
Enrolled Bill Amendment # 2026-2162e: AA VV (in recess of) 06/04/2026 HJ 15 P. 46
6/17/2026House
Enrolled Bill Amendment # 2026-2162e Adopted, VV, (In recess of 06/04/2026); SJ 14
6/17/2026Senate
House Concurs with Senate Amendment 2026-1723s (Rep. Harb): MA VV 05/21/2026 HJ 14 P. 22
5/21/2026House
Ought to Pass with Amendment # 2026-1723s, MA, VV; OT3rdg; 05/07/2026; SJ 11
5/5/2026Senate
Committee Amendment # 2026-1723s, AA, VV; 05/07/2026; SJ 11
5/5/2026Senate
Committee Report: Ought to Pass with Amendment # 2026-1723s, 05/07/2026; Vote 4-0; CC; SC 17
4/29/2026Senate
Hearing: 04/21/2026, Room 103, SH, 09:10 am; SC 15
4/20/2026Senate
Introduced 03/05/2026 and Referred to Energy and Natural Resources; SJ 6
3/6/2026Senate
Ought to Pass with Amendment 2026-0532h: MA VV 03/05/2026 HJ 6 P. 130
3/5/2026House
Amendment # 2026-0532h: AA VV 03/05/2026 HJ 6 P. 130
3/5/2026House
Committee Report: Ought to Pass with Amendment # 2026-0532h (NT) 02/11/2026 (Vote 16-0; RC) HC 9 P. 45
2/18/2026House
Executive Session: 02/11/2026 01:30 pm GP 228
2/4/2026House
Public Hearing on non-germane Amendment # 2026-0430h: 02/11/2026 11:30 am GP 228
2/4/2026House
Public Hearing: 02/04/2026 01:30 pm GP 228
1/30/2026House
Introduced 01/07/2026 and referred to Resources, Recreation and Development HJ 1 P. 8
12/1/2025House

Bill Text

As Amended
6/17/2026
PDF
Enrolled
6/17/2026
HTML
Introduced
12/1/2025
PDF
CHAPTERED FINAL VERSION
PDF
Version adopted by both bodies
PDF

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