This bill mandates that state agencies and municipal officials must provide current and verifiable evidence of the presence of endangered or threatened species before imposing any land use restrictions related to their habitats. The new legal language inserted into RSA 212-A includes a requirement for written landowner permission or an administrative search warrant to collect data on species presence. The bill outlines specific criteria for what constitutes valid evidence, including the credentials of the observing official or biologist, GPS coordinates of sightings, and date and time-stamped photographs. Additionally, it prohibits agencies from requiring new biodiversity searches as a precondition for land use applications.
The bill is expected to have significant fiscal implications, with the Fish and Game Department estimating that compliance could cost over $1,000,000 annually due to the need for additional staff, the creation of a new database, and potential contracts for specialized surveys. Municipalities may also face new financial obligations, as they would need to rely on landowner cooperation for data collection or seek administrative warrants, which could incur legal costs. Overall, the bill aims to ensure that land use restrictions are based on verified evidence, but it may complicate the process of protecting endangered species and increase costs for both state and local governments.