N.H. Code Admin. R. Rev 502.01
Filing Form PA-38, Notice of Intent to Excavate
Effective Jul 25, 2019#1668, eff 11-18-80; ss by #2215, eff 12-19-82; ss by #2852, eff 9-24-84; rpld by #5356, eff 3-16-92 New. #6748, eff 5-19-98; ss by #7381, eff 10-24-00; ss by #7860, eff 3-31-03, EXPIRED: 3-31-11 New. #9926, eff 5-18-11; ss by #12834, eff 7-25-19Department of Revenue Administration
- (a) Prior to excavating, every owner intending to excavate earth, unless specifically exempt pursuant to RSA 72-B:1, I, shall complete and file a Form PA-38, “Notice of Intent to Excavate”, with the municipal assessing officials in the municipality where the excavating will occur.
- (b) When property for which a Form PA-38 has been filed, is sold during a tax year, the acquiring property owner shall file an original Form PA-38, if excavating will continue.
- (c) If property where excavating will occur is located in more than one municipality, a separate original Form PA-38 shall be filed with each municipality.
- (d) A separate original Form PA-38 shall be filed for each separate tract of land, as identified by the municipal tax maps, where the excavating will occur.
- (e) An owner who is not exempt from the $100 administration and enforcement fee pursuant to RSA 72-B:1, I., (c), shall include a separate check for $100 made payable to the State of New Hampshire with each original Form PA-38 or each supplemental notice of intent to excavate filed.
- (f) Except for any entity described in RSA 72-B:1, I (e), any person who excavates earth on private or public lands or removes earth from a public right-of-way unless specifically exempt pursuant to RSA 72-B:1, I, shall file a Form PA-38 and the $100 administration and enforcement fee with the assessing officials in each municipality where the excavating will occur.
- (g) Upon receipt of a Form PA-38, municipal assessing officials, shall notify the owner(s), as identified on the Form PA-38, of the certification requirements in Rev 503.01.
Source. #1668, eff 11-18-80; ss by #2215, eff 12-19-82; ss by #2852, eff 9-24-84; rpld by #5356, eff 3-16-92 New. #6748, eff 5-19-98; ss by #7381, eff 10-24-00; ss by #7860, eff 3-31-03, EXPIRED: 3-31-11 New. #9926, eff 5-18-11; ss by #12834, eff 7-25-19