New Hampshire Administrative Code

"Commercial entity" means a business organization engaged for profit in a fishing or charter boat business or other water-dependent business. Notes N.H. Admin. Code § Pda 502.04 #7940, eff 8-23-03 ; ss by #9975, eff 8-20-11 (formerly Pda 502.05) (See Revision Note at chapter head…

"Commercial mooring for hire" means a mooring permitted by the division pursuant to Pda 500 and owned by a: (a) Marina duly registered to do business in the state of New Hampshire or a condominium, which in turn rents, leases, or otherwise authorizes use of the mooring, if a mari…

"Commercial use mooring" means a mooring permitted by the division pursuant to Pda 500 and owned by a commercial entity for use only by the commercial entity. Notes N.H. Admin. Code § Pda 502.06 #7940, eff 8-23-03 ; ss by #9975, eff 8-20-11 (formerly Pda 502.08) (See Revision Not…

"Commercial vessel" means: (a) A commercial fishing vessel or charter boat used primarily for commercial use purposes, which use is verified by a commercial vessel affidavit and the issuance to the vessel owner of a commercial vessel registration by the New Hampshire department o…

"Commercial vessel affidavit" means the notarized documentation submitted to and accepted by the New Hampshire department of safety pursuant to RSA 270-E:2, II(e). Notes N.H. Admin. Code § Pda 502.08 #7940, eff 8-23-03 ; ss by #9975, eff 8-20-11 (formerly Pda 502.10) (See Revisio…

"Condominium" means real property and any interests therein, with frontage located on state tidal waters that has lawfully submitted to regulation as a condominium in accordance with RSA 356-B. Notes N.H. Admin. Code § Pda 502.09 #7940, eff 8-23-03; ss by #9975, eff 8-20-11 (form…

"General use mooring" means a mooring permitted by the division pursuant to Pda 500 and owned by a member of the general public for use only by the mooring permit holder. Notes N.H. Admin. Code § Pda 502.10 #7940, eff 8-23-03; ss by #9975, eff 8-20-11 (formerly Pda 502.12) (See R…

"Marina" means a shorefront location including, but not limited to, a boat yard or yacht club, with access to the water and parking, providing anchorage, docks, or moorings and open to the general public. Notes N.H. Admin. Code § Pda 502.11 #7940, eff 8-23-03; ss by #9975, eff 8-…

"Mean high-water mark" means "mean high water" as determined by the United States National Geodetic Survey, and indicated on maps of the United States National Geodetic Survey. Notes N.H. Admin. Code § Pda 502.12 #8775, eff 12-16-06 ; ss by #9975, eff 8-20-11 (formerly Pda 502.15…

means the "mean low water line" as determined by the United States National Geodetic Survey, and indicated on National Oceanic Atmospheric Administration (NOAA) Coast Survey Charts, United States - East Coast, Maine - New Hampshire, North American Datum of 1983, published by the …

"Moor" means to attach, make fast, or otherwise secure a vessel to a mooring. Notes N.H. Admin. Code § Pda 502.14 #7940, eff 8-23-03; renumbered by #8775 (from Pda 502.15); ss by #9975, eff 8-20-11 (formerly Pda 502.17) (See Revision Note at chapter heading for Pda 500) Amended b…

"Mooring field" means an area or areas within state tidal waters where the chief harbor master or designee has determined that 3 or more moorings can be set. Notes N.H. Admin. Code § Pda 502.15 #7940, eff 8-23-03; renumbered by #8775 (from Pda 502.16); ss by #9975, eff 8-20-11 (f…

"Mooring location" means the place in state tidal waters where a mooring is set. Notes N.H. Admin. Code § Pda 502.16 #7940, eff 8-23-03; renumbered by #8775 (from Pda 502.17); ss by #9975, eff 8-20-11 (formerly Pda 502.19) (See Revision Note at chapter heading for Pda 500) Amende…

"Mooring subfield" means an area of a subdivided mooring field, as provided in Pda 509.01. Notes N.H. Admin. Code § Pda 502.17 #7940, eff 8-23-03; renumbered by #8775 (from Pda 502.18); ss by #9975, eff 8-20-11 (formerly Pda 502.20) (See Revision Note at chapter heading for Pda 5…

"Nearshore area" means that portion of a mooring field or mooring subfield, as described in (a) or (b) below, whichever is the greater: (a) The portion within 50 feet of the mean high-water mark; or (b) The portion from the mean high-water mark to the mean low water line. Notes N…

"Non-revenue mooring" means a mooring permitted by the division pursuant to Pda 500 and owned by a state agency as defined in RSA 21-G:5, III, and for which the division waives the mooring permit fee. Notes N.H. Admin. Code § Pda 502.19 #7940, eff 8-23-03; renumbered by #8775 (fr…

"Not-for-profit entity" means any enterprise, whether corporation, partnership, limited liability company, proprietorship, association, business trust, real estate trust, or other form of organization carrying on any activity within the state consistent with the stated purposes o…

"Open to the general public" means that any person is allowed the use of facilities with or without the payment of a fee or other consideration, subject to applicable health and safety restrictions. Notes N.H. Admin. Code § Pda 502.21 #7940, eff 8-23-03; renumbered by #8775 (from…

means a line by which a vessel is made fast to a mooring buoy. Notes N.H. Admin. Code § Pda 502.22 #7940, eff 8-23-03; renumbered by #8775 (from Pda 502.22); ss by #9975, eff 8-20-11 (formerly Pda 502.25) (See Revision Note at chapter heading for Pda 500) Amended by Volume XL Num…

(a) Means: (1) Any property recognized as a legal building lot by a municipality with shore frontage on state tidal waters; (2) A lot on state tidal waters that is divided by a road so that the buildable portion of the lot is on the opposite side of the road from the state tidal …

"Shorefront property owner" means an individual, trustee(s) of a trust, business organization, or not-for-profit entity owning shorefront property. This term does not include the individual members, owners, or tenants of a marina, condominium, condominium unit owners' association…

"Shorefront property mooring" means a mooring permitted by the division pursuant to Pda 500 within a shorefront property mooring area and owned by a shorefront property owner. Notes N.H. Admin. Code § Pda 502.25 #7940, eff 8-23-03; renumbered by #8775 (from Pda 502.25); ss by #99…

"Shorefront property mooring area" means a water surface area relating to the shorefront property of a shorefront property owner, marina, or condominium, determined by extending the side boundary lines of the property owner's lot, marina's lot, or condominium's common area perpen…

"Shorefront property mooring location" means the place where a shorefront property mooring is allowed to be set within a shorefront property mooring area. Notes N.H. Admin. Code § Pda 502.27 #7940, eff 8-23-03; renumbered by #8775 (from Pda 502.27); ss by #9975, eff 8-20-11 (form…

"Temporary seasonal mooring" means a mooring permitted by the division pursuant to Pda 500 between April 1 and March 31 at the location of a general use mooring, shorefront property mooring, or commercial use mooring, which location the permit holder has made available for tempor…

"Vessel used primarily for commercial use purposes" means a commercial vessel not utilized for noncommercial use for more than 14 days cumulatively during the period from April 1 to March 31. Notes N.H. Admin. Code § Pda 502.29 #7940, eff 8-23-03; renumbered by #8775 (from Pda 50…

"Wait list mooring field, mooring subfield, or nearshore area" means a mooring field, mooring subfield, or nearshore area for which the division has established a mooring wait list in accordance with Pda 509. Notes N.H. Admin. Code § Pda 502.30 #7940, eff 8-23-03; ss and moved by…

"Water-dependent business" means a business organization, such as, but not limited to, a restaurant, boat maintenance yard, wholesale or retail fishing business, or marine construction company, seeking a commercial use mooring for the: (a) Use of a commercial vessel to further th…

No person shall erect, install, maintain, use, have control over, or set a mooring within the state tidal waters unless a complete mooring permit application has been submitted to the division in accordance with Pda 500 and a mooring permit has been issued by the division. Notes …

(a) No mooring shall be set in state tidal waters unless permitted in accordance with Pda 500. (b) Only one vessel shall be attached to a mooring. (c) No vessel shall be attached to a mooring except the vessel for which the permit was approved, unless the vessel attached to the m…

The chief harbor master or designee shall determine the location of a mooring for which a mooring permit has been issued in accordance with the following criteria and procedures: (a) The chief harbor master or designee shall consult with the permit holder or the permit holder's r…

(a) The chief harbor master or designee shall require the owner of a mooring to relocate a mooring under the following circumstances: (1) The mooring is required to be relocated under Pda 510.04; or (2) The chief harbor master or designee determines that the relocation of a moori…

The following types of mooring permits shall be issued under the permit system established in Pda 500: (a) General use mooring; (b) Shorefront property owner mooring; (c) Commercial use mooring; (d) Commercial mooring for hire mooring; (e) Non-revenue mooring; and (f) Temporary s…

(a) The division director or designee shall grant mooring permits pursuant to Pda 507, except as specified for commercial mooring for hire mooring permits in Pda 506.09(h). (b) A mooring permit shall be valid for a one-year period from April 1 to March 31 of the following year. A…

(a) A mooring permit holder may seek a preliminary determination from the division of the suitability of a permitted mooring for a replacement vessel to be acquired by the permit holder or for an existing vessel that the permit holder seeks to modify and that is identified in a v…

In order to maintain updated information with the division, each permit holder shall notify the division in writing, within 30 business days of the change, of any changes to information in the permit relating to: (a) An applicant's name, address, telephone number, or contact pers…

Each person seeking to set a mooring within the state tidal waters shall submit a completed initial mooring application and permit form in accordance with Pda 506.06, Pda 506.07, Pda 506.08, Pda 506.09, or Pda 506.10. If the division determines that there are no mooring locations…

(a) General use mooring permit applications shall be used by general use and temporary seasonal general use mooring permit applicants. (b) Shorefront property owner mooring permit applications shall be used by shorefront property mooring permit applicants. (c) Commercial use moor…

The division shall record the date and time of receipt of each completed mooring permit application on the application. Notes N.H. Admin. Code § Pda 506.03 #7940, eff 8-23-03; ss by #9975, eff 8-20-11 (See Revision Note at chapter heading for Pda 500) Amended by Volume XL Number …

(a) Except as provided in (f) and g below, no later than January 15 of each year, the division shall mail mooring permit applications to current mooring permit holders. The division shall pre-enter all of the permit holder's information on the permit application relating to the a…

(a) When a current mooring permit holder makes an application for a mooring permit pursuant to Pda 506.04, the applicant shall not alter information pre-entered on the application by the division relating to the vessel. If any pre-entered information relating to the vessel identi…

(a) An applicant for a general use mooring permit or temporary seasonal general use mooring permit as provided in Pda 506.11(e)(1) shall obtain a general use mooring application form: (1) In person, from the division office located at 555 Market Street, Portsmouth, New Hampshire;…

(a) An applicant for a shorefront property mooring permit shall obtain a shorefront property mooring application form:(1) In person, from the division office located at 555 Market Street, Portsmouth, New Hampshire; or (2) By sending a request in writing, including a self-addresse…

(a) An applicant for a commercial use mooring permit or temporary seasonal commercial use mooring permit as provided in Pda 506.11(e)(2) shall: (1) Obtain a commercial use mooring permit application form:a. In person, from the division office located at 555 Market Street, Portsmo…

(a) An applicant for a commercial mooring for hire mooring permit shall obtain a commercial mooring for hire mooring permit application form: (1) In person, from the division office located at 555 Market Street, Portsmouth, New Hampshire; or (2) By sending a request in writing, i…

(a) An applicant for a non-revenue mooring permit shall obtain a non-revenue mooring application form: (1) In person, from the division office located at 555 Market Street, Portsmouth, New Hampshire; or (2) By sending a request in writing, including a self-addressed, stamped enve…

(a) If a general use mooring permit holder or a shorefront property mooring permit holder makes the mooring location available for use as a temporary seasonal mooring, the permit holder shall notify the division in writing prior to March 1. The chief harbor master or designee sha…