I. The department shall administer and enforce this chapter, be responsible for educating municipal officials regarding the chapter, and have enforcement authority in regard to the proper filing of the intent to excavate form under N.H. Rev. Stat. § 72-B:8, authority to check on the volumes turned in on the report of excavated material form under N.H. Rev. Stat. § 72-B:9, the authority to issue cease and desist orders for violations under RSA 72-B, and the authority to rescind the intent to excavate form and certificate pursuant to N.H. Rev. Stat. § 72-B:8 of any excavation in violation of RSA 72-B. The department shall otherwise assist the towns, cities, and unincorporated places in the enforcement of this chapter. It is the intent of this section to authorize the commissioner and the commissioner’s agents to have enforcement authority and the right to stop any excavation in violation of N.H. Rev. Stat. Chapter 72-B and to report the same to local authorities. Any person failing to comply with a cease and desist order issued under this section shall be guilty of a misdemeanor.
II. The commissioner’s agents responsible for the enforcement of this chapter have the authority to advise and assist municipalities in regard to N.H. Rev. Stat. Chapter 155-E and N.H. Rev. Stat. § 485-A:17, may report potential violations of N.H. Rev. Stat. Chapter 155-E and N.H. Rev. Stat. § 485-A:17 to local and state officials, and may enter upon any lands for which an intent to excavate or a certificate to operate has been issued pursuant to RSA 72-B. The commissioner’s agents may enter upon any lands that they believe may have an excavation in violation of N.H. Rev. Stat. Chapter 72-B for the purpose of collecting information that may be necessary to the purpose of this chapter, and no owner of such land shall refuse to admit the enforcement agents. The commissioner’s agents may review any records in conjunction with any excavation in the state.

Terms Used In New Hampshire Revised Statutes 72-B:17

  • person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
  • state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4