541-A:39 Notice to Municipalities. –
I. In addition to any other requirements imposed by this chapter, each agency shall ensure written notice is provided to and afford all affected municipalities reasonable opportunity to submit data, views, or comments with respect to the issuance of a permit, license, or any action within its boundaries that directly affects the municipality. Such actions shall include those which may have an effect on land use, land development, or transportation; those which would result in the operation of a business; or those which would have an immediate fiscal impact on the municipality or require the provision of additional municipal services.
II. Each agency shall ensure written notice is provided to the town or city clerk. Written notice may be provided by electronic mail unless the town or city clerk notifies the state agency that it objects to notice by electronic mail. If the town or city clerk objects to written notice being provided by electronic mail, then written notice shall be provided by first-class mail. Each state agency using electronic mail for written notice shall keep an up-to-date list of electronic mail addresses for each town or city clerk, and a list of those towns or cities that object to electronic mail written notice.
III. In the event of emergency circumstances which require prompt attention, prior notice or opportunity to comment shall not be required. However, notice contemporaneous with the action shall be required.
IV. This section shall not apply to the issuance of professional or occupational licenses unless such issuance also results in actions meeting the criteria set forth in paragraph I. This section shall not apply to reissuance or renewal of licenses or permits issued prior to August 23, 1985.
Source. 1994, 412:1, eff. Aug. 9, 1994. 2026, 67:1, eff. July 7, 2026.