New Hampshire sets permit rules and fees for covered mining

Environmental officials may set mining permit rules for restoring sites, securing cleanup money, and holding public hearings. The permit requirement covers mining and business mineral exploration using machinery in or along state surface waters. It also covers significant terrain changes that block natural runoff or create unnatural runoff. Mining activities in existence before August 24, 1979, and rock crushing regulated under the separate earth-excavation law are exempt from this chapter. Covered operators must obtain a permit before starting work. Rules for public hearings must include a deadline for the department’s decision after a hearing. These provisions took effect July 10, 2026.

Environmental officials must set fees based on mineral volume, collected alongside application fees. Volume fees cover permitted mining and mineral exploration, except excavation classified as earth under the separate excavation law. Application fees cover projects needing permits under the land-disturbance law. The volume fee must cover permit review, compliance checks, enforcement, and other permit costs. Projects allowed to use the notification permit process pay $3,125. Other applications covering at least 150,000 but less than 200,000 square feet pay $6,250, plus $2,500 for each additional area of up to 100,000 square feet disturbed. For properties covered by the shoreland protection law, plan reviews covering at least 50,000 but less than 150,000 square feet cost $5,000. All other projects pay $250 plus 4 cents per square foot disturbed under this schedule's remaining category after the larger-project tier is applied. These fee provisions took effect July 10, 2026.

Mining applications filed once environmental permit rules take effect use the environmental permit system. The transition covers applications under RSA 12-E, the separate mining and land-restoration law. Applications pending with the Department of Natural and Cultural Resources when environmental rules take effect continue under the separate mining law and its rules. The two departments must consult about permit terms during that transition. Permits issued through the pending-application process use the environmental system for later changes, monitoring, enforcement, and renewal. Transition provisions took effect July 10, 2026. The separate mining law, its dedicated fund provision, and the mining-permit provision for dredging above small motor limits end July 10, 2028.

People conducting permitted mining or mineral exploration must immediately stop disturbing human burials or remains they encounter. This requirement covers unmarked human burials or human remains encountered during mining or mineral exploration permitted under the environmental law. Disturbance can resume only with authorization from the county medical examiner or state archaeologist. This provision took effect July 10, 2026.