New Hampshire Code of Administrative Rules Ncr - Commissioner, Department of Natural and Cultural Resources
Certainly! Here's a detailed explanation of the New Hampshire Code of Administrative Rules (NCR) concerning the Commissioner of the Department of Natural and Cultural Resources (DNCR), along with relevant case law examples.
🏛️ Overview of the New Hampshire Code of Administrative Rules (NCR)
The New Hampshire Code of Administrative Rules (NCR) is a compilation of rules and regulations adopted by state agencies, including the DNCR. These rules provide detailed guidance on the implementation and enforcement of laws enacted by the New Hampshire Legislature.
Role of the Commissioner of DNCR
The Commissioner of the Department of Natural and Cultural Resources holds the authority to:
Adopt Rules: Under RSA 541-A, the Commissioner can adopt rules governing the use of state forests, parks, and other properties managed by the department. This includes setting standards for public conduct, restrictions on activities, and other operational guidelines.
Example: RSA 12-A:2-c mandates the Commissioner to adopt rules governing public use of state properties, including conduct regulations and restrictions on activities like smoking or transportation of substances.
Enforce Regulations: The Commissioner is responsible for ensuring compliance with the adopted rules and can take enforcement actions when necessary.
Manage Resources: Oversee the management and preservation of natural and cultural resources within the state.
⚖️ Relevant Case Law
1. Greenland Conservation Commission v. Wetlands Council (2006)
Issue: The Wetlands Council failed to specify the factual and legal bases for its decision to affirm the Department of Environmental Services' (DES) permit issuance.
Ruling: The New Hampshire Supreme Court held that RSA 482-A:10, VI requires the Wetlands Council to provide findings and rulings both when it remands and when it affirms a decision. The failure to do so deprived the trial court of the benefit of the Council's expertise and obligated the court to undertake its own examination of a complex record.
Citation: Greenland Conservation Commission v. Wetlands Council, 2006
2. Appeal of New Hampshire Department of Environmental Services (2020)
Issue: Interpretation of state statutes and administrative rules related to the Shoreland Protection Act.
Ruling: The New Hampshire Supreme Court emphasized that while deference is given to an agency’s interpretation of its own regulations, such deference is not total. The court must examine the agency’s interpretation to determine if it is consistent with the language of the regulation and the purpose it intends to serve.
Citation: Appeal of New Hampshire Department of Environmental Services, 2020
3. Conservation Law Foundation v. New Hampshire Wetlands Council (2003)
Issue: Interpretation of New Hampshire Administrative Rule Wt 302.04(a)(7) concerning the assessment of impacts on wildlife during wetland permitting.
Ruling: The New Hampshire Supreme Court held that the Wetlands Council's interpretation of the rule was too narrow. The use of the word "including" indicated that the list was not meant to be exhaustive, and applicants must consider the impact of a project in light of the purpose expressed by RSA 482-A:1.
Citation: Conservation Law Foundation v. New Hampshire Wetlands Council, 2003
đź“‹ Summary Table
| Aspect | Details |
|---|---|
| Rulemaking Authority | Commissioner can adopt rules under RSA 541-A governing public use of state properties (e.g., parks, forests). |
| Enforcement | Responsible for ensuring compliance with adopted rules and regulations. |
| Case Law Precedents | - Greenland Conservation Commission v. Wetlands Council (2006): Emphasized the need for detailed findings. - Appeal of New Hampshire Department of Environmental Services (2020): Highlighted the limits of deference to agency interpretations. - Conservation Law Foundation v. New Hampshire Wetlands Council (2003): Clarified the interpretation of wildlife impact assessments in permitting. |
| Key Statutes | - RSA 12-A:2-c: Rulemaking authority of the Commissioner. - RSA 482-A:10, VI: Requirements for the Wetlands Council's decision-making. |
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