NH House Testimony

HB291

House · 2025 sessionRepublicanKilled in Senate

Penalties for improper fertilizer use

AI

Establishes graduated penalties for incorrect application of fertilizer to urban turf and lawns, ranging from a written warning for a first offense to a misdemeanor for a third or subsequent offense.

(New Title) relative to the penalty for incorrect application of fertilizers.

AgricultureCrimes, Crim.Proc. & Corr.Environment - Conservation

Status

Killed in the Senate — Inexpedient to Legislate · May 1, 2025
  1. Introduced
  2. House
  3. Senate
  4. Governor
  5. Law

Division of testimony

178 submissions
Support 7Oppose 170Neutral 1

Argument digest · AI-generated

from 119 of 119 written submissions

HB291 would downgrade incorrect fertilizer application from a criminal offense to a civil violation and remove associated fines. The overwhelming majority of submitters, mostly lakefront and lake-association residents, accept downgrading the offense but strongly object to eliminating fines, arguing they are the only real deterrent against fertilizer runoff that fuels cyanobacteria and algae blooms; a much smaller number support the bill as written or propose alternative compromise mechanisms.

Generated by claude-sonnet-5 (claude code agent) on Jul 20, 2026. Quotes are verbatim excerpts, verified against the cited submission before publication. Summaries are AI interpretation of the record, not part of it.

John BossOpposeWindham, NHfor MyselfJan 24, 2025

It is necessary to have cash consequences for violations

James ZimmermannOpposeGilford, NHfor MyselfJan 24, 2025

Last year was one of the worst years on record for dangerous and toxic cyanobacteria blooms on Lake Winnipesaukee. Research confirms that fertilizers leaching into our lakes and other waterways is a key contributor to these blooms. I do not support any weaking of protection of our waterways from fertilizer runoff. I strongly oppose this bill.

Joseph GeiermannOpposeMeredith, NHfor MyselfJan 24, 2025

I’m am a resident of Meredith and enjoy the lakes of New Hampshire often. I’m writing to ask that you keep the fines for improper fertilizer use. My friends and family were not able to safely swim in the lake because of night bacteria levels which are often brought on by the violation of fertilizer restrictions. With no penalty many people will continue to think that there is no reason to follow the rules. Thank you for your time and consideration. Joseph Geiermann

Edmund HackmanOpposeWolfeboro, NHfor MyselfJan 24, 2025

I oppose the bill as written. Request an amendment for the Department of Agriculture to maintain fines for repeat and intentional violations, Why would you eliminate fines for repeat and intentional violations?

Mary HackmanOpposeWolfeboro, RIfor MyselfJan 24, 2025

I oppose this bill as it wants to reduce fines for those using fertilizers that ultimately affect deleteriously the health of Lake Winnipesaukee. Fines play a crucial role in deterring harmful practices that can degrade lake health. I am currently out of state; otherwise I would have come to the hearing.

Madge NickersonOpposeAlton, NHfor MyselfJan 24, 2025

I am a current land owner on Lake Winnipesaukee whose family has enjoyed the natural beauty of the area for over 30 years. In that time, I have observed first-hand the degredation of the water quality of Lake Winnipesaukee. The clarity of the water in the lake has been significantly impacted by the observable growth of bacteria, and I believe this is the direct result of nutrient pollution caused by fertilizer run-off into the lake. It has been very sad to see the degredation of the look and feel both around and in the lake caused by tearing down of the small, old family cottages and replacing them with large homes sporting enormous non-native lawns requiring significant amounts of fertilizer to keep green. I am not opposed to reducing the the penaly for improper fertilization from a criminal offense to a violation, however, I am strongly opposed to eliminating the fines for repeat and intentional violations of the fertilizer bans. Financial penalties serve as both specific and general deterrents to illegal actions and are an important piece of the original legislation. I am requesting an amendment to proposed HB 291 that the The Department of Agriculture maintain monetary fines for repeat and intentional violations of the State's fertilizer bans. I believe that maintaining water quality of all of New Hampshire's lakes is in the interest of both individual New Hampshire citizens who enjoy the natural beauty of our State and businesses that rely on touism in our State.

kim fruinOpposealton, NHfor MyselfJan 24, 2025

I do not support approving this bill. My residence borders Lake Winnepesaukee and it has been proven that the use of these fertilizers is harmful to the lake. The penalties for using these fertilizers should remain stiff. There are proven "safe" fertilizers to use and I would recommned companies use these instead of ones that are harmful to our lake. Its common sense. As the saying goes : "Never bite the Hand that feeds you" Thank you for your time and attention,

Joanne BoyerOpposeMoultonborough, NHfor MyselfJan 24, 2025

I oppose the passage of Bill 291 - the penalty for improper ferritization should remain a criminal offense and the Dept of argiclture should maintain fines for any violation, repeat violation, and intentional violations. The safety of or waters and lakes in NH is paramount.

Janet HooperOpposeCenter Harbor, NHfor MyselfJan 24, 2025

When the Winnipesaukee Basin sewer system was installed, lake water quality improved, for a while. As development has increased and Climate Change worsened it is obvious the lakes are being impacted. The word needs to get out on these laws and their importance. Suggest you make more funding available to help lake associations, conservation commissions and conservation districts provide info and programming to the public.

Karen ZagulaOpposeWolfeboro, NHfor MyselfJan 24, 2025

Fines for repeat and intentional violations need to be maintained.

Carl PerryOpposeMoultonborough, NHfor MyselfJan 24, 2025

I support laws safeguarding the quality of water in NH lakes. Misapplication due to a mistake should be fined but not considered or classified as a felony.

Martha BuonatoOpposeTuftonboro, NHfor MyselfJan 24, 2025

This bill seeks to adjust how fertilizer misuse is handled by removing penalties. In 2924 a law was passed banning the use of turf and lawn fertilizers near storm drains, before storms and in frozen ground- an important step for protecting our lakes. Now HV 291 proposes eliminating the fines for repeat and intentional violations. Fines pay a crucial role I. Deterring harmful practices that can degrade our beautiful lake. Please consider the future of the lake. If nothing else, consider the economic impact of losing the tourist $ from these magical natural vacation destinations. Once it is lost, restoring the beauty will be next to impossible. Invest In our future

Jim HigginbottomOpposeBarrington, NHfor MyselfJan 24, 2025

I oppose this bill as it removes the impediment and dissuasion needed for residents/citizens of New Hampshire using harmful chemicals that can invade our rivers, lakes, and ground water. Removing these financial deterrents will result in much greater harm, financially and environmentally.

Hans DahllOpposeGilford, NHfor MyselfJan 24, 2025

Dear NH Representatives, My Name is Hans Dahll, Gilford, NH resident and I strongly oppose HB 291 as written and urge you to consider and amendment to reduce the penalty for improper fertilizer application from a criminal offense to a violation and to to maintain fines for repeat and intentional violations. HB 291 will nullify the previously passed HB1293 which established protection for NH waterways by controlling the application of lawn and garden fertilizers that impact the nutrient loading and thus the quality of the waterways. New Hampshire's fresh water resources are one of the important and quiet resources that are critical to the high standard of living we currently enjoy. As citizens of New Hampshire we should strive to protect these water resources with reasonable and thoughtful actions and regulations. I have been a NH resident for a combined 31 years and have enjoyed the lakes and rivers with all manner of watercraft and recreation. Living in other areas of the country and traveling has given me the perspective of how magnificent New Hampshire's water resources are which is the reason for my comments. In closing, I urge opposition to HB291 as written and request that HB 291 be amended to reduce the penalty for improper fertilizer application from a criminal offense to a violation and to to maintain fines for repeat and intentional violations. I look forward to your support of the citizens of New Hampshire and thank you for this opportunity for input. Hans Dahll Gilford, NH 03249

karen zurheideOpposenew london, NHfor MyselfJan 24, 2025

This bill should be amended to allow the Department of Agriculture discretion in issuing fines for repeated violations of the law, rather than removing fines associated with the knowing and repeated incorrect application of fertilizers. Fines for violating laws intended to safeguard the health of lakes are important deterrents to actions that degrade lake health. The incorrect application of fertilizer can cause excessive plant, algal, and cyanobacteria growth—which can be toxic.

Ann HarrisOpposeNew london, NHfor MyselfJan 24, 2025

I would like assurance that people who consistently and intentionally use fertilizer incorrectly would be punished to the fullest extent of the law. Thank you.

Kenneth DeLongSupportHollis, NHfor MyselfJan 24, 2025

I support this bill to de-criminalize and remove fines for the misapplication of fertilizer. Please make both changes to align (right-size) this law with the violation.

James HarrisonOpposeGeorges Mills, NHfor MyselfJan 24, 2025

A law that has no penalties is toothless. There should be some price to pay for violating the law. Fines would be appropriate for violation of this law.

Nancy RudderOpposeSunapee, NHfor MyselfJan 24, 2025

I support the intent of HB 291 to downgrade the incorrect application of fertilizer to a violation instead of subjecting the violator to criminal penalties. I do not support, however, removing fines associated with the knowing and repeated incorrect application of fertilizers. Fines violating laws intended to safeguard the health of lakes are improtant deterrents to actions that degrade lake health.

Janice HarrisonOpposeGeorges Mills, NHfor MyselfJan 24, 2025

I support the intent of HB 291 to downgrade the incorrect application of fertilizer to a violation instead of subjecting the violator to criminal penalties (like imposing a felony charge). But I do not support removing fines associated with the knowing and repeated incorrect application of fertilizers. Fines for violating laws intended to safeguard the health of lakes are important deterrents to actions that degrade lake health.

Deborah FraserOpposeSalem, NHfor MyselfJan 24, 2025

Our lakes and waterways are u Dee attack! With new housing being built and new community members that don’t appreciate their responsibility toward stewardship of nature it’s important that there is accountability. People do not have a tendency to do what’s best for anyone or anything other than themselves. Please with all that is working against our planet be the difference.

Wendi TremblayOpposeBarrington, NHfor MyselfJan 24, 2025

Please oppose this bill. It goes too far erasing the penalty for incorrect application of fertilizers. While I support lessening the punishment from a criminal charge to a violation, a stiff fine should still be given anyone who disobeys this law. Swains Lake in Barrington, where I live, has been ravaged by cyanobacteria outbreaks and weed growth in the past decade, and it directly correlates to large new homes with nice green lawns on our lake. If there is no fine for this, there will be little deterrent for someone to not do this.

Cynthia CashinOpposeWindham, NHfor MyselfJan 24, 2025

There are numerous options to obtain a beautiful lawn without using fertilizers that degrade a water body.

Bruce FreemanOpposeStrafford, NHfor MyselfJan 24, 2025

Hello House Criminal Justice and Public Safety Committee: Please vote against HB291 which makes the misapplication of fertilizer on urban turf and lawn a violation, rather than subject to criminal penalties and fines. During the New Hampshire 2024 Legislative Session, the Legislature passed a lake-friendly bill making it illegal to apply turf and lawn fertilizer near storm drains, before/during rain storms, and on frozen ground. Although I support the intent of HB 291 to downgrade the incorrect application of fertilizer to a violation instead of subjecting the violator to criminal penalties (like imposing a felony charge), I do not support removing fines associated with the knowing and repeated incorrect application of fertilizers. Fines for violating laws intended to safeguard the health of lakes are important deterrents to actions that degrade lake health. The incorrect application of fertilizer can cause excessive plant, algal, and cyanobacteria growth—which can be toxic. Current rules and laws give the New Hampshire Department of Agriculture discretion over when to impose fines and the size of those fines for violations. The department has adopted an education-first approach to encourage compliance with the law. Thank you.

Nancy FarrisOpposeEast Walpole, MAfor MyselfJan 24, 2025

I do not think that removing or reducing the fines for repeat or intentional violators should be part of this bill. Financial penalties have proven an effective way to stave off negative behavior. Please consider amending that part of this bill. I oppose the bill as written.